Patna High Court
Nitika Kumari @ NitikaversusThe State Election Commission (Panchayat),
- Decided
- Disposal
- DISPOSED
Holding
The appeal is dismissed as having become infructuous.
Summary
Nitika Kumari filed a Letters Patent Appeal before the Patna High Court challenging orders of the State Election Commission and related authorities. The appellant, through counsel, sought permission to withdraw the appeal on the ground that the matter had become infructuous. The Court considered the submission that there was no longer any dispute or relief to be granted. Relying on the principle that a proceeding which has become moot may be dismissed, the Court accepted the request. Consequently, the Letters Patent Appeal was dismissed as infructuous.
Issues considered
- Whether the Letters Patent Appeal can be dismissed as infructuous upon the appellant's request for withdrawal?
Subjects
- Letters Patent Appeal
- Withdrawal of Appeal
- Infructuous Appeal
- Civil Writ Jurisdiction
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.5 of 2025
In
Civil Writ Jurisdiction Case No.4137 of 2024
======================================================
Nitika Kumari @ Nitika W/o Deepak Kumar, Resident of Village - Saidpur,
P.O. - Saidpur, P.S. Mansi, District - Khagaria.
... ... Appellant/s
Versus
1. The State Election Commission (Panchayat), Sone Bhawan, Birchand Patel
Path, Patna, through the State Election Commissioner.
2. The State Election Commissioner, The State Election Commission
(Panchayat), Sone Bhawan, Birchand Patel Path, Patna.
3. The Officer on Special Duty, The State Election Commission (Panchayat),
Sone Bhawan, Birchand Patel Path, Patna.
4. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.
5. The Additional Chief Secretary, Panchayati Raj Department, Government of
Bihar, Patna.
6. The District Magistrate cum District Election Officer (Panchayat), Khagaria,
District - Khagaria.
7. The Deputy Development Commissioner-cum- Chief Executive Officer,
Khagaria, District - Khagaria.
8. Krishna Kumari Yadav wife of Ranveer Yadav, resident of Shambhavi
Sadarm, Bajrangbali, Tole-Chukti, P.O. - Mansi, District - Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Prashant Kumar Bhushan, Adv.
For the State : Mr. Government Advocate (5)
For the SEC : Mr. Ravi Ranjan, Adv.
Mr. Girish Pandey, Adv.
Mr. Nikesh Kumar, Adv.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 17-03-2026 Learned counsel for the appellant seeks permission
for withdrawal of the present Letters Patent Appeal as the matter
has become infructuous.
Patna High Court L.P.A No.5 of 2025(3) dt.17-03-2026
2/2
2. In view of the submission, the Letters Patent
Appeal stands dismissed as having become infructuous.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
rohit/-
U
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