Created by Fuzzy Cloud

Patna High Court

Veena IshwarversusThe State of Bihar through Mr. Dipak Kumar Singh, the Principal Secretary

Decided
Disposal
DISPOSED

Holding

The Court held that the petition may be withdrawn and dismissed with liberty to file an appropriate petition before the competent authority.

Summary

Veena Ishwar filed a writ petition challenging actions of the State of Bihar and several officials related to land acquisition. The petitioner sought liberty to withdraw the case and approach the appropriate authority with a suitable petition. The State's counsel raised no objection to the withdrawal. The Court, after hearing counsel, allowed the withdrawal and dismissed the present petition, granting the petitioner liberty to file a suitable petition before the appropriate authority. No substantive merits of the land acquisition dispute were decided.

Issues considered

  • Whether a petitioner may withdraw a writ petition after filing it
  • Whether the court can dismiss a petition as withdrawn with liberty to file an appropriate petition

Subjects

  • withdrawal of petition
  • writ jurisdiction
  • land acquisition
  • procedural law
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.1804 of 2025
                                                     In
                               Civil Writ Jurisdiction Case No.17184 of 2024
                 ======================================================
                 Veena Ishwar Wife of Late Arunabh Ishwar, Resident of Flat No.- C/100, 1st
                 Floor, Harmu Housing Colony, Ranchi, P.S.- Argora, District- Ranchi
                 (Jharkhand).

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Mr. Dipak Kumar Singh, the Principal Secretary
                 Department of Revenue and Land Reforms, Government of Bihar, Patna.
           2.    Mr. Dipak Kumar Singh, the Principal Secretary, Department of Revenue
                 and Land Reforms, Government of Bihar, Patna.
           3.    Mr. Raushan Kushwaha, the District Magistrate, Samastipur.
           4.    Shri Sanjiv Kumar Kapar, the District Land Acquisition Officer, Samastipur.
           5.    Mr. Dilip Kumar, the Sub-Divisional Officer, Samastipur Sadar, District-
                 Samastipur.
           6.    Mr. Balbir Das, the Deputy Collector, Land Reforms, Samastipur Sadar,
                 District- Samastipur.
           7.    Mr. Nishant Kumar, the Circle Officer, Sarairanjan, District- Samastipur.
           8.    Mr. Anjani Kumar, the Electrical Executive Engineer, Transmission
                 Division, 132/33 K.v. Grid Campus, Mohanpur, Samastipur.
           9.    Vinit Kumar Ishwar, Son of Late Shiv Chandra Ishwar, Resident of village-
                 Sarairanjan @ Kabra, District- Samastipur.
           10. Manish Kumar Ishwar, Son of Late Shiv Chandra Ishwar, Resident of
               village- Sarairanjan @ Kabra, District- Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bibhakar Tiwary, Advocate
                 For the State            :      Mr. Vishambhar Prasad, AC to AAG-5
                 For O.P. Nos. 9& 10      :      Mr. Nikhil Kumar Agrawal, Advocate
                                                 Mr. Keshav Bhardwaj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

6   09-01-2026                          Heard learned counsel for the petitioner and

                   learned AC to AAG-5 for the State.

                               2. After some argument, learned counsel for the

                   petitioner submits that he may be permitted to withdraw the
            Patna High Court MJC No.1804 of 2025(6) dt.09-01-2026
                                                        2/2




                      present case with liberty to file the appropriate petition before

                      the appropriate authority.

                                   3. Learned counsel for the State has no objection to

                      this prayer of the petitioner.

                                   4. In view of the submission of learned counsel for the

                      petitioner, the present case is dismissed as withdrawn with

                      liberty to the petitioner, as prayed for.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.