Patna High Court
Mukesh Kumar,versusThe State of Bihar through the Principle Secretary,
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
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The petition was held to be infructuous and was dismissed as withdrawn.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 Permission to withdraw was granted, and the petition was dismissed as withdrawn.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- Whether the petition had become infructuous and could be withdrawn?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
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