Patna High Court

Nityanand Prasad @ RanaversusThe State of Bihar

Decided: 17 January 2026
Disposal: WITHDRAWN
Bench: ANSHUMAN

Holding

The court held that it may grant permission to withdraw the MJC application, and therefore disposed of it as withdrawn.

Summary

The petitioner, Nityanand Prasad, a headmaster, filed a Miscellaneous Jurisdiction Case (MJC) seeking relief against several state officials. During the hearing on 17-01-2026, the petitioner’s counsel requested permission to withdraw the MJC application and instead pursue the remedy before the appropriate judicial officer. The State’s counsel was present and no substantive objections were raised. Justice Dr. Anshuman considered the request and found no legal impediment to allowing the withdrawal. Consequently, the court granted permission, ordered the MJC to be disposed of as withdrawn, and noted that any interlocutory applications, if filed, would also stand disposed.

Issues considered

Whether the court may permit the petitioner to withdraw the pending MJC application and pursue the remedy before the concerned judicial officer

Subjects

withdrawal of application
miscellaneous jurisdiction case
court procedure
interlocutory application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.859 of 2024
                                                       In
                              Criminal Writ Jurisdiction Case No.405 of 2022
                 ======================================================
                 Nityanand Prasad @ Rana Son of Jagdish Pandit, Headmaster of NPS Itahari
                 North, Saharsa, resident of Sharma chowk, Vaidehi Bhawan, P.O.- Simri
                 Bakhtiyarpur, P.S.- Bakhtiyarpur, District- Saharsa.

                                                                               ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar Through Shri K. K. Pathak, Principal
                 Secretary/Additional Chief Secretary, Education Department, Govt. of Bihar,
                 Patna.
           2.    Sri Pankaj Kumar, the Director, Primary Education, Govt. of Bihar, Patna.
           3.    Shri Vaibhav Choudhary, the District Magistrate, Saharsa.
           4.    Shri Himanshu, the Superintendent of Police, Saharsa.
           5.    Shri Anil Kumar, the District Education Officer, Saharsa.
           6.    Shri Prakash Ranjan, the District Program Officer, Saharsa.
           7.    Shri Vidyanand Tiwari, the Block Education Officer, Banma Itahari,
                 District- Saharsa.
           8.    Shri Kaushal Kumar, Panchayat Secretary-cum-Panchayat Teacher
                 Employment Committee, Gram Panchayat, Itahari, District- Saharsa.
           9.    Shri Anil Kumar, son of Ram Narayan Yadav, (Incharge, NPS, Itahari),
                 resident of Village- Itahari, P.S- Salkhua, District- Saharsa.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Ms. Rashmi Jha, Advocate
                 For the Opposite Party/s :    Mr. Government Pleader 26
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   17-01-2026                  Learned Counsel for the petitioner and learned

                   Counsel for the State are present.

                                2. After some argument, learned Counsel for the

                   petitioner seeks permission to withdraw the present MJC

                   application with liberty to pursue his remedy before the

                   concerned Judicial Officer.
         Patna High Court MJC No.859 of 2024(4) dt.17-01-2026
                                                     2/2




                                3. Permission is accorded.

                                4. Accordingly, the present MJC application is

                   disposed off as withdrawn. The interlocutory application, if any,

                   shall stand disposed off.



                                                                (Dr. Anshuman, J)
    Mkr./-

U

Continue reading with your account

Checking your session…