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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WITHDRAWN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The application for restoration was dismissed as withdrawn.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 The Court considered the request to withdraw and, finding no objection, dismissed the application as withdrawn.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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