Patna High Court
Raju Kumar MahtoversusThe State of Bihar through The Principal Secretary
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANSHUMAN
Holding
The High Court may allow withdrawal of a writ petition with liberty to file a fresh petition.
Summary
A group of nine petitioners filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and its officials. The petitioners, through counsel, sought the court's permission to withdraw the existing writ petition and obtain liberty to file a fresh petition. The court considered its inherent jurisdiction to allow such withdrawal. It held that the court may, at its discretion, permit withdrawal of a writ petition with liberty to file a fresh one. Accordingly, the court granted the petitioners' request, dismissing the present writ petition as withdrawn and allowing them to file a new petition.
Issues considered
- Whether the High Court may permit withdrawal of a writ petition with liberty to file a fresh petition
Subjects
- writ petition
- withdrawal
- civil procedure
- high court discretion
- petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9969 of 2024
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1. Raju Kumar Mahto Son of Naresh Mahto, resident of Mohalla- Indrapuri
Harihar Rai Path, Road No. 12, P.S- Patliputra, District- Patna.
2. Ranjit Kumar Son of Sri Suresh Sinha, resident of Village- Korari, P.S-
Belchi, District- Patna.
3. Gaurav Kumar Son of Sri Harbool Sah, resident of Village- Thatha, P.S.-
Manshi, District- Khagaria
4. Birendra Kumar Son of Shankar Mandal, resident of Bibha Rang, P.S-
Jamauni, District- Jamui.
5. Lal Bahadur Manjhi Son of Rajdev Manjhi, resident of Rampur Mahesh P.S-
Bagwanpur Hatt, District- Siwan.
6. Umesh Ram Son of Jagdhari Ram, resident of Village- Narayanpur, P.S-
Narayanpur, Dist. Bhojpur.
7. Sunil Marandi Son of Late Daroga Marandi, resident of Village- Khagra,
P.S- Kishanganj, Dist. Kishanganj.
8. Dharambir Kumar Son of Sri Deo Ram Choudhary, resident of village-
Digha Bus Kothi, P.S- Digha, District- Patna.
9. Mithilesh Kumar, Son of Sri Ganauri Prasad, resident of Village- Khorgama,
Asthama, P.S- Tharthari, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through The Principal Secretary Rural Work, Deptt.
Patna, Bihar.
2. The Principal Secretary And Ohter Patna
2. The Director, Sri Sri Services-86 Rajesh Kumar Path, Sri Krishnapuri,
Patna.
3. The Managing Director, Bihar State Tourism Development Ltd, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Priya Ranjan Prasad, Advocate
For the Respondent/s : Mr. U.S.S. Singh, G.P-19
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 12-01-2026 Learned counsel for the petitioners and learned
counsel for the State are present.
Patna High Court CWJC No.9969 of 2024(4) dt.12-01-2026
2/2
2. Learned counsel for the petitioners seeks
permission to withdraw the present writ petition with liberty to
file a fresh writ petition.
3. Permission, as prayed for, is granted.
4. Accordingly, the present writ petition stands
dismissed as withdrawn with the aforesaid liberty.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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