Patna High Court
Rajendra Choudhary @ Rajindra RoyversusThe State of Bihar, through the District Magistrate,
- Decided
- Disposal
- WITHDRAWN
Holding
The application for restoration was dismissed as withdrawn.
Summary
Petitioner Rajendra Choudhary filed an application seeking restoration of a civil writ case (C.W.J.C. No‑23040/2019) that had been dismissed for default. The petition sought to have the case reinstated to its original file. The petitioner later instructed his counsel to withdraw the application. The Court considered the request to withdraw and, finding no objection, dismissed the application as withdrawn. No substantive merits of the restoration request were addressed.
Issues considered
- What is the procedure for withdrawing an application for restoration of a dismissed writ case?
- Whether the Court can entertain a withdrawal request after the application has been filed
Subjects
- Civil writ jurisdiction
- Restoration of dismissed case
- Default dismissal
- Withdrawal of application
- High Court procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1883 of 2023
In
Civil Writ Jurisdiction Case No.23040 of 2019
======================================================
Rajendra Choudhary @ Rajindra Roy, S/o Bishwanath Choudhary @
Bishwanath Rai, Resident of Village- Raghunathpur, Police Station
Brahampur, In the Distirct of Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar, through the District Magistrate, Buxar.
2. The District Magistrate, Buxar.
3. The Addl. Collector-Cum-District Certificate Officer, Buxar.
4. The Block Development Officer, Buxar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. S. Raza Ahmad, AAG-5
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
3 06-02-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following relief :-
“That this is an application for
restoration of C.W.J.C.No-23040/2019 to its
original file which has been dismissed for
default for want of assistance under order dated
04.01.2023 passed by Hon’ble The Chief Justice
and Hon’ble Mr. Justice Partha Sarthy.”
3. Mr. Bimal Kumar, learned counsel for the petitioner
seeks permission to withdraw this application.
Patna High Court MJC No.1883 of 2023(3) dt.06-02-2026
2/2
4. In view of the above, the application is dismissed as
withdrawn.
(Partha Sarthy, J)
(Rajiv Roy, J)
avinash/-
U
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