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Patna High Court

Religious TrustversusShashi Bhushan Mishra

Decided
Disposal
WITHDRAWN

Holding

The Court granted permission to withdraw the appeal, resulting in its dismissal.

Summary

The Bihar State Board of Religious Trust, acting through its President, filed a Letters Patent Appeal (No.493 of 2024) in the Patna High Court challenging a civil writ jurisdiction order. The appellants, through counsel Mr. Siddhartha Prasad and Mr. Shekhar Singh, sought the Court’s permission to withdraw the appeal. The Court examined whether a party may be allowed to withdraw an appeal pending before it. The Bench, comprising Justices Sudhir Singh and Ranjan Kumar Jha, granted the request for withdrawal. Consequently, the appeal was dismissed as withdrawn and any pending applications were ordered to stand disposed. No substantive merits of the original dispute were addressed as the proceedings were terminated upon withdrawal.

Issues considered

  • Whether the Court may grant permission to withdraw a pending appeal in a civil writ jurisdiction case.

Subjects

  • appeal withdrawal
  • civil writ jurisdiction
  • letters patent appeal
  • permission to withdraw
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Letters Patent Appeal No.493 of 2024
                                                        In
                               Civil Writ Jurisdiction Case No.15583 of 2022
                 ======================================================
           1.     The Bihar State Board of Religious Trust through the President, Vidyapati
                  Marg, P.S.- Kotwali, District- Patna.
           2.    The President, Bihar State Board of Religious Trust, Vidyapati Marg, P.S.-
                 Kotwali, District- Patna.

                                                                                ... ... Appellant/s
                                                      Versus
           1.    Shashi Bhushan Mishra Son of Late Kapil Deo Mishra, Resident of Village-
                 Painal, P.O.- Painal, P.S.- Bihta, District- Patna.
           2.    Ravi Kumar, Son of Late Gorakhnath Mishra, Resident of Village- Painal,
                 P.O.- Painal, P.S.- Bihta, District- Patna.
           3.    Shri Akhilesh Kumar, the President of Bihar State Board of Religious Trust,
                 Vidyapati Marg, P.S. Kotwali, Distt- Patna.
           4.    The Incharge Assistant Superintendent, Bihar State Board of Religious
                 Trust, Vidyapati Marg, P.S. Kotwali, Distt- Patna.
           5.    Sri Amar Nath Chaudhary, the Incharge Assistant Superintendent, Bihar
                 State Board of Religious Trust, Vidyapati Marg, P.S. Kotwali, Distt- Patna.
           6.    Sri Munna Mishra @ Nand Gopal Mishra, S/o Late Ishwar Mishra, R/v
                 Painal, P.S. Bihta, Distt. Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Siddhartha Prasad, Advocate
                                              Mr. Shekhar Singh, Advocate
                 For the Respondent/s   :
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

3   06-07-2026                     Learned counsel for the appellants seeks permission

                   to withdraw the present appeal.

                                2. Permission is accorded.

                                3. Accordingly, the present appeal stands dismissed as
           Patna High Court L.P.A No.493 of 2024(3) dt.06-07-2026
                                                        2/2




                     withdrawn.

                                  4. Pending application(s), if any, shall also stand

                     disposed of.



                                                  (Sudhir Singh, J)


                                              ( Ranjan Kumar Jha, J)
rishabh/rajesh

U


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