Patna High Court

Anuj Kumar,versusReena Rawat,

Decided: 15 January 2026
Disposal: WITHDRAWN
Bench: NANI TAGIA SUNIL DUTTA MISHRA

Holding

The court granted leave to withdraw the appeal and dismissed it as withdrawn, allowing the appellant to file an appropriate petition.

Summary

Anuj Kumar appealed a lower court order, but his counsel sought permission to withdraw the appeal and instead file a suitable petition challenging the same order. The High Court considered whether the appellant could be granted leave to withdraw the appeal and pursue a fresh petition. The court examined procedural rules governing the withdrawal of appeals and the discretion of the court to allow such a step. It concluded that there was no impediment to granting the requested liberty. Accordingly, the court granted leave to withdraw the appeal and dismissed the appeal as withdrawn, permitting the appellant to file a new petition.

Issues considered

Whether the appellant may be granted leave to withdraw the pending appeal and file a fresh petition challenging the same order

Subjects

withdrawal of appeal
leave to file petition
procedural discretion
high court order
appeal dismissed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Appeal No.271 of 2021
                 ======================================================
                 Anuj Kumar, Son of Jagarnath Prasad, resident of Parmal Road, Avadhpuri
                 Noora, in front of Bhuwaneshwar Prasad Mehta, Ex-MP, Hazaribagh, P.S.
                 Hazaribagh (T), District-Hazaribagh (Jharkhand).




                                                                             ... ... Appellant/s
                                                       Versus
                 Reena Rawat, daughter of Late Ashwini Kumar, Wife of Anuj Kumar, resident
                 of Parmal Road, Avadhpuri Noora, in front of Bhuwaneshwar Prasad Mehta,
                 Ex-MP, Hazaribagh, P.S. Hazaribagh (T), District-Hazaribagh (Jharkhand)
                 presently residing at Vill-Kathgharwa Chausa, P.S.-Buxar (M), District-Buxar.



                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr. Shyam Kumar Singh, Advocate
                 For the Respondent/s     :      Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                            and
                            HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                                 ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

4   15-01-2026                         Learned counsel for the appellant seeks leave of

                   this Court to withdraw the present appeal with a liberty to file

                   appropriate petition challenging the order which is under

                   challenge in the present appeal.

                                2. Leave, as sought for by the appellant, is granted.

                                3. In view of the above, the present appeal is
             Patna High Court MA No.271 of 2021(4) dt.15-01-2026
                                                         2/2




                       dismissed as withdrawn with above mentioned liberty to the

                       appellant.



                                                               (Nani Tagia, J)


                                                         (Sunil Dutta Mishra, J)
Amrendra/-

U

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