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Aafak Alam Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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Patna HC
2024
Aafak Alam Vs The State of BiharAafak Alam v. The State of Bihar

Dismissed¶26

Aafak Alam v. The State of Bihar

Patna HC13 Aug 2024CWJC/1765/2024

Case brief

AI extract

What is this about?

Withdrawal / dismissal as withdrawn of writ petition as infructuous; Patna High Court; CWJC No.1765 of 2024; decided 13-08-2024; Justice Rajiv Roy. Petitioner Aafak Alam (Kishanganj); respondents include State of Bihar Panchayati Raj Department (Principal Secretary, Director), District Panchayati Raj Officer Kishanganj, BDO Kishanganj Block, and Mukhiya, Panchayat Secretary and Ward Members (Ishte Begam, Anjum Ara, Mister Alam, Aslema, Mahukwala, Ehnetam Kahar, Dilshar, Nafish Alam, Masuma) of Laucha Gram Panchayat Raj. Keywords: infructuous, withdrawal permitted, dismissed as withdrawn, liberty to withdraw, no merits adjudicated, panchayati raj dispute. No statute, precedent, issue or quantum involved.

What did the court decide?

Permission to withdraw the writ petition accorded; petition dismissed as withdrawn after counsel stated it had become infructuous.

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition accorded; petition dismissed as withdrawn after counsel stated it had become infructuous.

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), CWJC No.1765 of 2024, decided 13-08-2024. Aafak Alam v. The State of Bihar (through Principal Secretary, Panchayati Raj Department) and others, including Panchayati Raj officials of Kishanganj and the Mukhiya, Panchayat Secretary and Ward Members of Laucha Gram Panchayat Raj. On 13-08-2024, Mr. Santosh Kumar Jha, learned counsel for the petitioner, submitted that with the passage of time the writ petition had become infructuous and sought permission to withdraw it. Permission was accorded and the petition stands dismissed as withdrawn. The matter was not adjudicated on merits; no issue was framed, no statute or precedent discussed, and no ratio emerges. Of citation value only as showing voluntary withdrawal for infructuousness.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1765 of 2024

======================================================

Aafak Alam Son of Mokim Uddin, Resident of village- Bochagari, Ward No.15, P.S.- Bahadurganj, District- Kishanganj.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

The Director, Panchayati Raj Department, Government of Bihar.

The District Panchayati Raj Officer, Kishanganj.

The Block Development Officer, Kishanganj Block, District- Kishanganj.

The Mukhiya, Laucha Gram Panchayat Raj, Kishanganj Block, P.S.Kishanganj, District- Kishanganj.

The Panchayat Secretary, Laucha Gram Panchayat Raj, Kishanganj Block, P.S.- Kishanganj, District- Kishanganj.

Ishte Begam, D/o not known to the petitioner Ward Member of Laucha Gram Panchayat Raj, Kishanganj Block, P.S.- Kishanganj, DistrictKishanganj through the Mukhiya, Laucha Gram Panchayat Raj, Kishanganj, Block, P.S.- Kishanganj, District- Kishanganj.

Anjum Ara, D/o not known to the petitioner Ward Member of Laucha Gram Panchayat Raj, Kishanganj Block, P.S.- Kishanganj, District- Kishanganj through the Mukhiya, Laucha Gram Panchayat Raj, Kishanganj, Block, P.S.Kishanganj, District- Kishanganj.

Mister Alam, S/o not known to the petitioner Ward Member of Laucha Gram Panchayat Raj, Kishanganj Block, P.S.- Kishanganj, District- Kishanganj through the Mukhiya, Laucha Gram Panchayat Raj, Kishanganj, Block, P.S.Kishanganj, District- Kishanganj.

Aslema, S/o not known to the petitioner Ward Member of Laucha Gram Panchayat Raj, Kishanganj Block, P.S.- Kishanganj, District- Kishanganj through the Mukhiya, Laucha Gram Panchayat Raj, Kishanganj, Block, P.S.Kishanganj, District- Kishanganj.

Mahukwala, D/o not known to the petitioner Ward Member of Laucha Gram Panchayat Raj, Kishanganj Block, P.S.- Kishanganj, District- Kishanganj through the Mukhiya, Laucha Gram Panchayat Raj, Kishanganj, Block, P.S.Kishanganj, District- Kishanganj.

Ehnetam Kahar, S/o not known to the petitioner Ward Member of Laucha Gram Panchayat Raj, Kishanganj Block, P.S.- Kishanganj, DistrictKishanganj through the Mukhiya, Laucha Gram Panchayat Raj, Kishanganj, Block, P.S.- Kishanganj, District- Kishanganj.

Dilshar, S/o not known to the petitioner Ward Member of Laucha Gram Panchayat Raj, Kishanganj Block, P.S.- Kishanganj, District- Kishanganj through the Mukhiya, Laucha Gram Panchayat Raj, Kishanganj, Block, P.S.Kishanganj, District- Kishanganj.

Nafish Alam, S/o not known to the petitioner Ward Member of Laucha Gram

Patna High Court CWJC No.1765 of 2024(3) dt.13-08-2024 2/2

Panchayat Raj, Kishanganj Block, P.S.- Kishanganj, District- Kishanganj through the Mukhiya, Laucha Gram Panchayat Raj, Kishanganj, Block, P.S.Kishanganj, District- Kishanganj.

Masuma, D/o not known to the petitioner Ward Member of Laucha Gram Panchayat Raj, Kishanganj Block, P.S.- Kishanganj, District- Kishanganj through the Mukhiya, Laucha Gram Panchayat Raj, Kishanganj, Block, P.S.Kishanganj, District- Kishanganj.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Sushil Jha, Advocate Mr. Santosh Kumar Jha, Advocate For the Respondent/s : Mr. Government Pleader 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

3 13-08-2024

Mr. Santosh Kumar Jha, learned counsel for the petitioner submits that with the passage of time, the writ petition has become infructuous and as such, he may be permitted to withdraw the present petition.

Permission accorded.

Accordingly, the same stands dismissed as

withdrawn.

(Rajiv Roy, J)

Adnan/-

U

Parties & counsel

AI extract

petitioner
Aafak Alam Son of Mokim Uddin¶3
Sushil Jha, Santosh Kumar Jha
respondent
The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna¶6
respondent
The Director, Panchayati Raj Department, Government of Bihar¶7
respondent
The District Panchayati Raj Officer, Kishanganj¶8
respondent
The Block Development Officer, Kishanganj Block, District- Kishanganj¶9
respondent
The Mukhiya, Laucha Gram Panchayat Raj, Kishanganj Block¶10
respondent
The Panchayat Secretary, Laucha Gram Panchayat Raj, Kishanganj Block¶11
respondent
Ishte Begam (Ward Member, Laucha Gram Panchayat Raj)¶12
respondent
Anjum Ara (Ward Member, Laucha Gram Panchayat Raj)¶13
respondent
Mister Alam (Ward Member, Laucha Gram Panchayat Raj)¶14
respondent
Aslema (Ward Member, Laucha Gram Panchayat Raj)¶15
respondent
Mahukwala (Ward Member, Laucha Gram Panchayat Raj)¶16
respondent
Ehnetam Kahar (Ward Member, Laucha Gram Panchayat Raj)¶17
respondent
Dilshar (Ward Member, Laucha Gram Panchayat Raj)¶18
respondent
Nafish Alam (Ward Member, Laucha Gram Panchayat Raj)¶19
respondent
Masuma (Ward Member, Laucha Gram Panchayat Raj)¶22

Coram

AI extract

Rajiv Royauthor¶24

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 13 Aug 2024 · August
Registered: 31 Jan 2024
Case no.: CWJC/1765/2024
CNR: BRHC010026882024
Bench: Rajiv Roy
Disposal: WITHDRAWN
Case type: CWJC

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Cite this judgement

Aafak Alam v. The State of Bihar, CWJC/1765/2024 (PAT), decided on 13 August 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Rajiv Roy

Parties & counsel