Patna High Court

Sarita KumariversusThe State of Bihar

Decided: 13 February 2026
Disposal: DISMISSED
Bench: MOHIT KUMAR SHAH

Holding

The petition was dismissed as not pressed following the petitioner's request to withdraw the petition.

Summary

Petitioner Sarita Kumari filed a civil writ petition challenging actions of the State of Bihar and its officials. During proceedings, the petitioner's counsel sought to withdraw the petition. The opposite party, representing the State, raised no objection to the withdrawal. The court considered the request and, finding no opposition, allowed the withdrawal. Consequently, the petition was dismissed as not pressed, ending the proceedings without a substantive decision on the merits.

Issues considered

Whether a civil writ petition may be withdrawn by the petitioner without opposition from the opposite party

Subjects

withdrawal of petition
civil writ jurisdiction
dismissal as not pressed
procedural law

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.2052 of 2024
                                                      In
                                Civil Writ Jurisdiction Case No.4545 of 2023
                  ======================================================
                  Sarita Kumari wife of Shiv Nandan Kumar Roy Resident of Village- Naya
                  Tola Kerma, P.O.- Kerma, P.S.- Kurhani, District- Muzaffarpur Pin Code-
                  844127.
                                                                          ... ... Petitioner/s
                                                    Versus

            1.    The State of Bihar through the Home Secretary, Government of Bihar,
                  Namely Shri (Dr.) S. Siddharth,
            2.    Subrat Kumar Sen, Collector, Muzaffarpur.
            3.    Rakesh Kumar, the Senior Superintendent of Police, at Muzaffarpur.
            4.    Ram Eqbal Prasad, Station House Officer of Mithanpura P.S., at
                  Muzaffarpur.
            5.    Chandan Kumar Ojha Son of Late Ramchandra Ojha Rajput Tola, Kanhauli,
                  P.S.-Mithanpura, District-Muzaffarpur.
            6.     Moni Kumari Wife of Chandan Kumar Ojha Rajput Tola, Kanhauli, P.S.-
                   Mithanpura, District-Muzaffarpur.
                                                                ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Ajit Kumar Sinha, Advocate
                                                   Mr. Ajay Prasad, Advocate
                  For the Opposite Party/s :       Mr. Dhurendra Kumar, AC to GP-5
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                        ORAL ORDER

3    13-02-2026              The learned counsel for the petitioner seeks to withdraw

                    the present petition, to which the learned counsel for the

                    Opposite Party-State has got no objection.

                    2.       Accordingly, the present petition stands dismissed as not

                    pressed.


                                               (Mohit Kumar Shah, J)
S.Sb/-

U

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