Patna High Court

Shakil Ahmad @ Sakil AhmadversusThe State of Bihar

Decided: 11 March 2026
Disposal: WITHDRAWN
Bench: ANSHUMAN

Holding

The High Court may permit withdrawal of a pending MJC petition where a fresh cause of action has arisen.

Summary

Shakil Ahmad filed a Miscellaneous Jurisdiction Civil Writ petition in the Patna High Court against the State of Bihar and several officials. The petitioner sought the court's permission to withdraw the petition, stating that a fresh cause of action had arisen. The respondent parties opposed the withdrawal. The court considered whether it could allow the petition to be withdrawn at this stage. It held that the court may grant such permission when a new cause of action justifies it. Accordingly, the court granted the petitioner's request and dismissed the pending petition as withdrawn.

Issues considered

Whether the High Court can grant permission to withdraw a pending Miscellaneous Jurisdiction Civil Writ petition on the ground of a fresh cause of action

Subjects

MJC petition
withdrawal of petition
fresh cause of action
Civil Procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.3692 of 2023
                                                        In
                                  Civil Writ Jurisdiction Case No.14923 of 2022
                  ======================================================
                  Shakil Ahmad @ Sakil Ahmad S/o Md. Samsuddin, R/o Koiri Tola, Bettiah,
                  P.S.- Bettiah, District- West Champaran.
                                                                             ... ... Petitioner/s
                                                      Versus
             1.    The State of Bihar through Dr. N. Saravana Kumar, S/o (not known),
                   Principal Secretary, Rural Development, Gopalganj.
             2.   Dr. Nawal Kishore Chaudhary, S/o not known, District Magistrate,
                  Gopalganj.
             3.   Sri Mukesh Kumar, S/o not known, Block Development Officer, Barauli,
                  District- Gopalganj.
             4.    Sri Raj Kumar (II), S/o Not known, the Accountant General, Bihar, A.G.
                   Officer Birchand Patel Marg, Patna.
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr. Manindra Kishore Singh, Advocate
                  For the Opposite Party/s :     Mr. Standing Counsel 11
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                        ORAL ORDER

8    11-03-2026                  Learned counsel for the petitioner and learned counsel

                    for the State are present.

                                 2. Learned counsel for the petitioner seeks permission

                    to withdraw this M.J.C. petition, as fresh cause of action has

                    arisen.

                                 3. Permission is granted.

                                 4. As such, the present M.J.C. petition stands

                    dismissed as withdrawn.


                                                              (Dr. Anshuman, J)
Divyansh/-

U

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