Patna High Court

BiharversusBarun Kumar Pandey

Decided: 9 February 2026
Disposal: DISPOSED
Bench: SUDHIR SINGH RAJESH KUMAR VERMA

Holding

The appeal is dismissed as the issue has already been decided by the Full Bench in CWJC No. 23831 of 2018.

Summary

The State of Bihar filed a Letters Patent Appeal against a judgment dated 24 February 2023 in CWJC No. 16454 of 2019, which had allowed the petitioner’s writ, quashed earlier orders of July 2019, and directed the petitioner to receive benefits granted to other petitioners. The appellants sought condonation of an 8‑month delay in filing the appeal, which the court allowed. The court observed that the substantive issue had already been decided by a Full Bench in CWJC No. 23831 of 2018 and related cases reported in 2025 PLJR 162. Consequently, the appeal was disposed in accordance with that prior decision, and no further relief was granted. All pending applications, if any, were also ordered to stand disposed.

Issues considered

Whether the appeal can be entertained despite the delay of 8 months and 7 days.
Whether the order dated 24 February 2023 in CWJC No. 16454 of 2019 can be set aside.
Whether the matter is barred by the Full Bench decision in CWJC No. 23831 of 2018 and analogous cases.

Subjects

Letters Patent Appeal
delay condonation
Civil Writ Jurisdiction
Full Bench precedent
quashing order
civil procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Letters Patent Appeal No.1404 of 2023
                                                  In
                            Civil Writ Jurisdiction Case No.16454 of 2019
                 ======================================================
           1.    The State of Bihar through Chief Secretary, Govt. of Bihar, Old Secretariat,
                 Patna.
           2.    The Principal Secretary, General Administration Department, Govt. of Bihar,
                 Old Secretariat, Patna.
           3.    The Principal Secretary, Finance Department, Govt. of Bihar, Old
                 Secretariat, Patna.
           4.    The Principal Secretary, Minor Irrigation Department, Govt. of Bihar, Old
                 Secretariat, Patna.
           5.    The Engineer-in-Chief, Minor Irrigation Department, Vishwashraiya
                 Bhawan, Patna.
           6.    The Chief Engineer, Minor Irrigation Department, Vikash Bhawan, Patna.
           7.    The Superintending Engineer, Minor Irrigation Department, Vikash Bhawan,
                 Patna.

                                                                             ... ... Appellant/s
                                                   Versus

                 Barun Kumar Pandey S/o Late Upendra Nath Pandey, Resident of Village
                 Narouli, P.S. Saleempur, Dist. Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. S. Raza Ahmad, AAG-5
                                              Mr. Alok Ranjan, AC to AAG-5
                 For the Respondent/s   :     Mr. Siyaram Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

3   09-02-2026                   Re: I.A. No. 01 of 2023

                                Learned counsel for the appellants presses I.A. No. 01

                   of 2023 for condoning the delay of 8 months and 7 days in
Patna High Court L.P.A No.1404 of 2023(3) dt.09-02-2026
                                             2/3




          preferring this appeal.

                       2. For the reasons stated in the interlocutory

          application, the delay in preferring this appeal is condoned.

                       3. I.A. No. 01 of 2023 stands allowed.

                       Re: LPA No. 1404 of 2023

                       4. The present appeal has been filed seeking the

          following relief:

                                        “That the instant memo of appeal is
                          being preferred for setting aside the order dated
                          order dated 24.02,2023 passed by Hon’ble Mr.
                          Justice Rajeev Ranjan Prasad in CWJC No. 16454
                          of 2019 by which writ application of the petitioner
                          has been allowed with cost of Rs. 10,000/- quashing
                          the order dated 05.07.2019 and 15,07.2019 with
                          direction that the petitioner shall be entitled for the
                          same benefit and the consequential reliefs as have
                          been granted to the petitioners of CWJC No. 9921
                          of 2017 and CWJC No. 12703 of 2019.”


                       5. The issue involved in the present appeal has already

          been adjudicated by the Full Bench of this Court in CWJC No.

          23831 of 2018 and analogous cases, reported in 2025 (4) PLJR

          162.

                       6. Accordingly, the present appeal stands disposed of

          in terms of the order passed in CWJC No. 23831 of 2018 and

          analogous cases.
            Patna High Court L.P.A No.1404 of 2023(3) dt.09-02-2026
                                                         3/3




                                   7. Pending application(s), if any, shall also stand

                      disposed of.



                                                   (Sudhir Singh, J)


                                              (Rajesh Kumar Verma, J)
Anushka/-

U

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