Patna High Court

Daya Nath JhaversusThe State of Bihar through the Principal Secretary,

Decided: 9 January 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The Court granted permission to withdraw the restoration petition and dismissed it as withdrawn.

Summary

The petitioner, Daya Nath Jha (deceased), filed a restoration petition before the Patna High Court against the State of Bihar and its officials. After hearing, the petitioner's counsel sought the Court's permission to withdraw the petition, requesting liberty to pursue any other legal remedy. The Court considered whether a restoration petition could be withdrawn at the petitioner's request. It held that the petitioner was entitled to withdraw the petition, subject to the Court's discretion. Accordingly, the Court granted permission to withdraw and dismissed the restoration petition as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the restoration petition

Subjects

withdrawal of petition
restoration petition
civil procedure
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.1932 of 2024
                                                        In
                                 Civil Writ Jurisdiction Case No.12330 of 2012
                  ======================================================
                  Daya Nath Jha (deceased) Son of Sri Chandra Kumar Jha Resident of village-
                  Keoti, P.S.-Keoti, Distt.- Darbhanga.
                                                                             ... ... Petitioner/s
                                                      Versus
            1.     The State of Bihar through the Principal Secretary, Department of Industry,
                   Govt. of Bihar, Patna.
            2.    The Principal Secretary, Department of Industry, New Secretariat, Patna.
            3.    The Director, Handloom and Sericulture, Govt. of Bihar, New Secretariat,
                  Patna.
            4.    Additional Secretary, Department of Industry, Govt. of Bihar, New
                  Secretariat, Patna.
            5.     Joint Director (Technical), handloom and Sericulture, Govt. of Bihar, New
                   Secretariat, Patna.
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr. Amit Kumar Mallick, Advocate
                  For the Opposite Party/s :     Mr. Additional Advocate General 7
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

5    09-01-2026                      After some arguments, learned counsel for the

                    petitioner seeks permission to withdraw this restoration petition

                    with liberty to the petitioner to seek legal remedy in accordance

                    with law, if so advised.

                                 2. Permission is accorded.

                                 3. Accordingly, the present restoration petition stands

                    dismissed as withdrawn.



                                           (Rajesh Kumar Verma, J)
Vanisha/-
U

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