Patna High Court
Lakshmi Niwas PoddarversusThe State of Bihar through Chief Secretary, Govt. of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court permitted the petitioner to withdraw the present application and granted liberty to file a fresh petition.
Summary
The petitioner, Lakshmi Niwas Poddar, filed an application before the Patna High Court seeking permission to withdraw the pending writ petition and to file a fresh petition with more complete facts. The petitioner argued that the present petition lacked certain factual details and that a fresh filing would better serve justice. The court considered whether it could, under its inherent powers, allow the withdrawal and grant liberty to re‑file. It held that there was no prejudice to the respondents and that the request was bona fide. Consequently, the court granted permission to withdraw the application, allowed the petitioner to file a fresh petition, and disposed of the present application.
Issues considered
- Whether the petitioner may be permitted to withdraw the present application and file a fresh petition
Subjects
- withdrawal of petition
- court's inherent powers
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1196 of 2026
In
Civil Writ Jurisdiction Case No.1664 of 2012
======================================================
Lakshmi Niwas Poddar S/o Dwarika Prasad Poddar, R/o Ashirvad Ashram,
Khajpura, Jawahar Lal Nehru Path (Bailey Road), P.S.- Hawai Adda, District
Patna- 800014, State- Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Govt. of Bihar Patna.
2. Pratyay Amrit, presently posted as the Chief Secretary, Government of
Bihar.
3. Pankaj Kumar Pal, Presently posted as Secretary, Road Construction
Department, Government of Bihar.
4. Umakant Rajak, Presently posted as Engineer-In-Chief, Road Construction
Department, Government of Bihar.
5. Umesh Kumar Rai, Presently posted as Executive Engineer, Road
Construction Department, Government of Bihar.
6. Dr. Thiyagrajan S.M., Presently posted as District Magistrate, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sangeet Deokuliar, Advocate
For the Opposite Party/s : Mr. Government Advocate 11
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 02-07-2026 Learned counsel for the petitioner seeks permission
to withdraw this application with liberty to file a fresh petition
with better facts.
2. Permission is accorded.
3. With the liberty aforesaid, this application stands
disposed of.
Patna High Court MJC No.1196 of 2026(2) dt.02-07-2026
2/2
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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