Created by Fuzzy Cloud

Patna High Court

Mukesh Kumar,versusThe State of Bihar through the Principle Secretary,

Decided
Disposal
WITHDRAWN

Holding

The petition was held to be infructuous and was dismissed as withdrawn.

Summary

The petitioners Mukesh Kumar, Neelam Kumari and Suresh Kumar filed a writ petition alleging that the respondents, including the State of Bihar and various education officials, had intentionally violated and failed to comply with an order dated 27‑02‑2020 in Civil Writ Jurisdiction Case No. 4098 of 2020. The petition sought appropriate relief for the alleged non‑compliance. During the hearing on 12‑03‑2026, counsel for the petitioners submitted that the petition had become infructuous and requested permission to withdraw it. The Court examined the claim of infructuity and the procedural propriety of withdrawing a petition. Permission to withdraw was granted, and the petition was dismissed as withdrawn. Consequently, the earlier writ petition (MJC No. 855 of 2021) stands dismissed.

Issues considered

  • Whether the petition had become infructuous and could be withdrawn?

Subjects

  • petition withdrawal
  • infructuous petition
  • civil writ jurisdiction
  • order compliance
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.855 of 2021
                                                       In
                                 Civil Writ Jurisdiction Case No.4098 of 2020
                 ======================================================
           1.     Mukesh Kumar, S/o Binda Prasad, R/o Village-Akopwe, Post-Korawan,
                  P.S.-Hilsa, District-Nalanda.
           2.    Neelam Kumari, Daughter of Sri Kameshwar Prasad and wife of Sri Ashok
                 Kumar, Resident of Village-Nehalpur, Post-Nehalpur, District-Jehanabad.
           3.    Suresh Kumar, S/o Kushendra Prasad, R/o Village and Post-Nager Nausa,
                 District-Nalanda.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principle Secretary, Department of
                 Education, Govt. of Bihar Patna namely Mr. Sanjay Kumar.
           2.    The Director Primary Education, Department of Education, Govt. of Bihar
                 Patna namely Dr. Ranjeet Kumar Singh.
           3.    The District Magistrate, Nalanda namely Mr. Yogendra Singh.
           4.    The District Programme Officer, Nalanda, Mrs. Poonam Kumar Singh.
           5.    The District Education Officer Nalanda namely Mr. Manoj Kumar.
           6.    The Block Education Officer Hilsa, Nalanda namely Mr. Kailash Prasad
                 Sah.
           7.    The Mukhia Gram Panchayat Raj Korawan, Hilsa, Nalanda namely Mrs.
                 Premsikha Devi.
           8.    The Secretary Vidayalay Sukh Subidha Committee Gram Panchayat Raj
                 Korawan, Block, Hilsa, Nalanda namely Mr. Ram Naresh Prasad.
           9.    The Head Master Primary School, Manebigha Gram Panchayat Raj
                 Korawan, Block Hilsa, Nalanda, namely Mr. Manoj Kumar.
           10. The Head Master Primary School Kuseta, Hilsa, Nalanda namely Mr.
               Chandra Bhushan Prasad.
           11. The Head Master Primary School Phoolwaria, Hilsa, Nalanda namely Mr.
               Sanjeevan Prasad.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :   Mr. Lalit Kishore, AG
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-03-2026                  Heard the parties.

                                2. The present petition has been preferred for the
          Patna High Court MJC No.855 of 2021(3) dt.12-03-2026
                                                      2/2




                    following relief(s):

                                                 “for intentionally violating and allegedly

                                    disobey the order dated 27.02.2020 in CWJC No.

                                    4098 of 2020 the opposite parties passed by

                                    Hon'ble Mr. Justice Anil Kumar Upadhyay and

                                    also for not carrying of the same.”

                                 3. Learned counsel for the petitioner submits that the

                    petition has become infructuous and as such, he may be

                    permitted to withdraw the petition.

                                 4. Permission accorded.

                                 5. Accordingly, MJC No. 855 of 2021 stands

                    dismissed as withdrawn.



                                                   (Rajiv Roy, J)
Adnan/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.