Patna High Court

Dr. Sheela SharmaversusThe State of Bihar

Decided: 7 July 2026
Disposal: DISPOSED
Bench: ACTING RANJAN KUMAR JHA

Holding

Permission to withdraw the appeal is granted, with liberty to approach the civil court.

Summary

The appellant, Dr. Sheela Sharma, filed Letters Patent Appeal No.645 of 2024 challenging orders of the writ court in a title suit against the State of Bihar and several officials. She later sought the High Court’s permission to withdraw that appeal and instead pursue the matter before the appropriate civil court, as permitted by the writ court’s earlier liberty. The Court examined whether such a withdrawal could be allowed without prejudice to the pending title suit. It held that the appellant may be permitted to withdraw the appeal, stressing that the earlier observations of the writ court do not constitute a substantive opinion on the merits and will not bind the civil court. Consequently, the appeal was disposed of as withdrawn, with liberty to approach the civil court, which must decide the title suit independently.

Issues considered

Whether the appellant may be permitted to withdraw the Letters Patent Appeal and approach the civil court
Whether the earlier observations of the writ court bind the civil court on the merits of the title suit

Subjects

appeal withdrawal
civil writ jurisdiction
title suit
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Letters Patent Appeal No.645 of 2024
                                                        In
                                Civil Writ Jurisdiction Case No.15030 of 2022
                 ======================================================
                 Dr. Sheela Sharma Daughter of Late Punyadeo Sharma and Wife of Late Dr.
                 Janakdeo Prasad Sinha resident of Mohalla Hanuman Nagar (Niramya
                 Hospital), P.O. - Lohiya Nagar, P.S.- Kankarbagh, Town and District - Patna.

                                                                             ... ... Appellant
                                                    Versus
           1.    The State of Bihar through the Collector-cum-District Magistrate, Patna.
           2.    The District Magistrate, Patna.
           3.    The Additional Collector, Patna.
           4.    The D.C.L.R., Paliganj, Patna.
           5.    Shri Mukesh Kumar, Sub-Divisional Officer, Paliganj, Patna.
           6.    Shri Shiv Kumar Sharma, Circle Officer, Bikram, District- Patna.
           7.    The Senior Superintendent of Police, Patna.
           8.    The Officer-in-Charge, Bikram Police Station, District - Patna.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellant     :       Ms. Roona, Advocate
                 For the Respondents   :       Mr. Addl. Advocate General (12)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                            and
                         HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
                                       ORAL ORDER

                         (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

4   07-07-2026                 Learned counsel for the appellant seeks permission to

                   withdraw the present appeal, with liberty to approach the

                   competent Civil Court in terms of the liberty reserved by the

                   learned Writ Court.

                               2. Permission, as prayed for, is accorded.

                               3. Accordingly, the present appeal stands disposed of

                   as withdrawn with the aforesaid liberty.
             Patna High Court L.P.A No.645 of 2024(4) dt.07-07-2026
                                                          2/2




                                    4. It is however, made clear that none of the

                       observations made in the order dated 06.05.2024 shall be

                       construed as an expression of opinion on the merits of the case

                       or shall prejudice the adjudication of the Title Suit. The

                       competent Civil Court shall decide the same independently, on

                       its own merits, and in accordance with law.


                                                                (Sudhir Singh, J.)


                                                             (Ranjan Kumar Jha, J.)

Gaurav Kumar, Atul/-

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