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Patna High Court

Pankaj Kumar ShahiversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition is dismissed as withdrawn.

Summary

The petitioner, Pankaj Kumar Shahi, filed a petition in the Patna High Court seeking initiation of contempt proceedings against several officials of the Bihar Building Construction Department for allegedly failing to comply with a prior order dated 04-06-2019. The petitioner argued that the opposite parties willfully ignored the earlier judgment. During the hearing on 12-03-2026, the petitioner’s counsel requested permission to withdraw the petition, claiming it had become infructuous. The court considered whether a petition that has become moot can be withdrawn at the petitioner's request. The bench, after hearing the parties, granted permission to withdraw the petition. Consequently, the petition (MJC No. 956 of 2021) was dismissed as withdrawn.

Issues considered

  • What is the appropriate procedure for withdrawing a petition that has become infructuous?

Subjects

  • contempt
  • withdrawal of petition
  • infructuous petition
  • Patna High Court
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.956 of 2021
                                                      In
                                Civil Writ Jurisdiction Case No.9707 of 2019
                 ======================================================
                 Pankaj Kumar Shahi S/o Umesh Prasad Shahi Resident of Sahbajpur, P.S.-
                 Ahiyapur, District- Muzaffarpur.

                                                                            ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Sri Amrit Lal Meena, the Principal Secretary,
                 Building Construction Department, Govt. of Bihar, Patna.
           2.    Sri Rakesh Kumar, The Engineer in Chief, Building Construction
                 Department, Bihar, Patna.
           3.    Sri Chandra Shekhar Singh, The District Magistrate, Muzaffarpur.
           4.    Sri Ram Niwash Prasad, The Executive Engineer, Building Division,
                 Muzaffarpur.
           5.    Sri Pawan Kumar, The Assistant Engineer, Building Sub Division No.1,
                 Muzaffarpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Raju Kumar, Advocate
                                                Mr. Shubham Samrat, Advocate
                 For the Opposite Party/s :     Mr. Ravi Bhardwaj, AC to GA-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-03-2026                   Heard the parties.

                                 2. The present petition has been preferred for the

                   following relief(s):

                                              “for initiation of contempt proceedings

                                    against the contemnor-opposite parties for willfully

                                    and deliberately not complying with the order

                                    dated 04-06-2019 passed in CWJC No. 9707 of

                                    2019.”

                                 3. Learned counsel for the petitioner submits that the
          Patna High Court MJC No.956 of 2021(3) dt.12-03-2026
                                                      2/2




                    petition has become infructuous and as such, he may be

                    permitted to withdraw the petition.

                                 4. Permission accorded.

                                 5. Accordingly, MJC No. 956 of 2021 stands

                    dismissed as withdrawn.



                                                   (Rajiv Roy, J)
Adnan/-

U


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