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Patna High Court

Chandrahas VermaversusThe State of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

The High Court permitted the withdrawal of the writ petition and granted liberty to file a fresh application for relief.

Summary

The petitioner, Chandrahas Verma, filed a civil writ petition before the Patna High Court against the State of Bihar and several officials. After hearing, the petitioner sought to withdraw the writ application and requested liberty to file a fresh application for relief based on an order dated 9 August 2018 in earlier civil writ cases (Nos. 25489 of 2013 and 6755 of 2014). The learned senior counsel for the petitioner argued that the withdrawal would not prejudice the respondents and would enable the petitioner to pursue the appropriate relief. The court considered whether such a withdrawal was permissible under procedural law. Justice Alok Kumar Sinha allowed the withdrawal of the writ application and granted the petitioner liberty to file a new application for the claimed reliefs. The order effectively dismissed the pending writ without prejudice.

Issues considered

  • Whether a petitioner may withdraw a civil writ petition and be granted liberty to file a fresh application for relief

Subjects

  • civil writ jurisdiction
  • withdrawal of petition
  • relief application
  • Patna High Court
  • procedural law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.514 of 2019
                                                       In
                                 Civil Writ Jurisdiction Case No.25489 of 2013
                  ======================================================
                  Chandrahas Verma Son of Late Hardeo Lal Das R/O Village - Paruhar, P.S.
                  Nauhatta, District - Saharsa
                                                                             ... ... Petitioner
                                                     Versus
            1.     The State of Bihar.
            2.    Sri Baidyanath Yadav, District Magistrate, Supaul
            3.    Sri Akhilesh Kumar Jha, Additional Collector, Supaul
            4.    Sri Mukesh Kumar Sinha, Deputy Development Commissioner, Supaul
            5.     Sri Ashok Kumar Tiwary, Deputy Collector (Establishment), Supaul
                                                                      ... ... Opposite Parties
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Jitendra Prasad Singh, Sr. Advocate
                                           :       Mr. Varun Krishna Singh, Advocate
                                           :       Mr. Venkatesh Kaushik, Advocate
                  For the Opposite Party/s :       Mr. Prabhat Kumar Verma (Aag3)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

13   09-01-2026                     Heard learned Senior Counsel for the petitioner and

                    learend counsel for the Respondent-State.

                                  2. After advancing some argument, learned Senior

                    Counsel appearing for the petitioner prays for withdrawing the

                    writ application with liberty to file an application for claiming

                    certain reliefs that the petitioner is entitled to in light of order

                    dated 09.08.2018 passed in CWJC Nos. 25489 of 2013 and

                    6755 of 2014.

                                  3. As prayed for, the MJC application is permitted to

                    be withdrawn with liberty as aforesaid.



                                               (Alok Kumar Sinha, J)
Gaurav Sinha/-

U


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