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Patna High Court

Lalan KumarversusThe Union Of India and Ors

Decided
Disposal
DISPOSED

Holding

The High Court held that it had no jurisdiction to modify the order after the writ petition was dismissed as withdrawn and that the petitioner could approach the Ministry of Home Affairs for Z‑category security.

Summary

The petitioner, Lalan Kumar, filed writ petitions seeking Z‑category security cover, which were later withdrawn. The High Court, while dismissing the petitions as withdrawn, issued an order directing the Divisional Security Committee to consider the petitioner’s request for security on his own cost and to withdraw any existing cover. The petitioner subsequently filed a modification petition alleging that the Court lacked jurisdiction to issue such directions after the withdrawal and that only the Ministry of Home Affairs is empowered to grant Z‑category security. The Court held that once a writ petition is dismissed as withdrawn, the Court becomes functus officio and cannot modify the earlier order; moreover, the petitioner remains free to approach the appropriate authority for security. Consequently, the modification petition was dismissed and the earlier orders were left undisturbed.

Issues considered

  • Whether the High Court retained jurisdiction to modify its order after dismissing the writ petition as withdrawn
  • Whether the Divisional Security Committee is competent to consider a request for Z‑category security cover
  • Whether the petitioner’s liberty to approach the Ministry of Home Affairs precludes the need for modification of the Court’s order

Subjects

  • writ petition
  • withdrawal
  • jurisdiction
  • functus officio
  • security cover
  • Z category security
  • Divisional Security Committee
  • Ministry of Home Affairs
  • modification of order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.586 of 2017
                                                     In
                              Criminal Writ Jurisdiction Case No.205 of 2016
                 ======================================================
                 Lalan Kumar S/o Late Kamleshwari Prasad resident of Hiralal Lane
                 Chhajjubag, P.S.-Gandhi Maidan, Dist.-Patna.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The Union Of India and Ors
           2.    The Home Secretary, Government of India, New Delhi
           3.    The State of Bihar, through the Home Secretary.
           4.    The Commandant, BMP-6, MUzaffarpur, Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                             Miscellaneous Jurisdiction Case No. 592 of 2017
                                                   In
                             Criminal Writ Jurisdiction Case No.205 of 2016
                 ======================================================
                 Lalan Kumar

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State Of Bihar and Ors

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In Miscellaneous Jurisdiction Case No. 586 of 2017)
                 For the Petitioner/s     :       Mr. Nagendra Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr. Additional Solicitor General
                 For the UOI              :       Mr. Ram Tujabh Singh, CGC
                 (In Miscellaneous Jurisdiction Case No. 592 of 2017)
                 For the Petitioner/s     :       Mr. Nagendra Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr. Prabhat Kumar Verma, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

6   23-04-2026                   Heard the parties.

                               2. The present application has been preferred:

                                                      for modification of order dated
                                          16.11.16 of Hon'ble Acting Chief Justice Sri
                                          Hemant Gupta passed in criminal writ
Patna High Court MJC No.586 of 2017(6) dt.23-04-2026
                                            2/4




                                  jurisdiction case No 205/2016, which was
                                  heard     and        disposed   of        with   Cr.   Writ
                                  jurisdiction No 208/2016, on the ground of an
                                  apparent error in law and facts on record,
                                  whereby this Hon'ble Court on request of the
                                  petitioner though dismissed the writ petitions
                                  as withdrawn but further passed the order on
                                  merit literally deciding the case finally against
                                  the petitioner even without adjudication of the
                                  case on merit and also in view of the fact that
                                  Divisional       security       Committee         is    not
                                  competent       /empowered           to     consider    the
                                  representation submitted by the petitioner for
                                  providing "Z" category (Central Protectees)
                                  security cover on no payment basis within the
                                  State of Bihar, in other State and Indian
                                  Territories rather it is department of Home
                                  Ministry of Home Affairs, Govt. of India which
                                  is competent/empowered to scrutinize and
                                  evaluate the actual threat perception to life of
                                  the petitioner and accordingly competent to
                                  grant categorize security equivalent to "Z"
                                  category. It is respectfully submitted that after
                                  allowing the withdrawal of the petition, the
                                  Court virtually becomes functus officio and
                                  thus has no jurisdiction at all to pass any kind
                                  of further order in the said matter. Thus the
                                  direction in para 3 is without jurisdiction and
                                  an error apparent in law. [(2008)2 SCC 507;
                                  Ajay Mohan Versus HN Rai @ para 24].
                       3. This Court has gone through the orders passed by the
Patna High Court MJC No.586 of 2017(6) dt.23-04-2026
                                             3/4




          Criminal Writ Court in Cr. WJC No. 205 of 2016 (Lalan Kumar

          vs. State and Union of India & ors.) and Cr. WJC No. 208 of 2016

          (Lalan Kr. vs. State of Bihar & ors.) and the short order read as

          follows:

                                               Heard learned counsel for the
                                  parties.
                                               2.      Learned    counsel     for    the
                                  petitioner wishes to withdraw the present writ
                                  petitions. The request is allowed. The petitions
                                  are thus dismissed as withdrawn.
                                               3. But it is ordered that the
                                  Divisional        Security     Committee,     on    a
                                  representation submitted by the petitioner,
                                  shall consider if any security is to be provided
                                  to the petitioner at his own cost in terms of the
                                  orders     of     the Hon'ble Supreme Court.
                                  However, In the meanwhile, the security cover
                                  provided to the petitioner shall be withdrawn
                                  forthwith.
                                               4. It is further ordered that if the
                                  petitioner has any grievance then he is at
                                  liberty to make a mention in the present
                                  petitions only in view the conduct of the
                                  petitioner in filing petitions soon after one
                                  petition is decided.
                       4. From the aforesaid order, it is clear that the writ

          petition was dismissed as withdrawn.

                       5. The Writ Court was careful enough to record that the

          Divisional Security Committee shall look into the representation
           Patna High Court MJC No.586 of 2017(6) dt.23-04-2026
                                                       4/4




                     of the petitioner and if needs any security cover, it is to be

                     provided on his own cost in terms of orders of the Hon’ble Apex

                     Court.

                                  6. In that background, the direction to withdraw the

                     security cover forthwith looses its meaning when the liberty was

                     already granted to approach the aforesaid Committee.

                                  7. In the modification petition, the prayer is that actually

                     for the Z Category Security, one has to move before the

                     Department of Home Ministry, Government of India and not

                     before the Divisional Security Committee.

                                  8. The writ petition was dismissed as withdrawn.

                     Liberty, in that background, is/was always available before the

                     petitioner to move before an appropriate forum where the prayer

                     for Z Security can be considered. In that background, there is no

                     reason to modify the earlier order passed by the Writ Court.

                                  9. Both the MJC No. 586 of 2017 and MJC No. 592 of

                     2017 stands disposed of with the aforesaid observation.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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