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Patna High Court

Vijay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court permitted the appellant to approach the competent authority and disposed of the appeal.

Summary

Vijay Kumar filed a writ petition which was dismissed by the Single Judge of the Patna High Court. He appealed intra‑courtly under Clause 10 of the Letter Patent Rules, seeking permission to approach a competent authority for redressal of his grievance. The High Court, after hearing counsel, granted the requested permission, directing the competent authority to consider the grievance in accordance with law and, if necessary, adopt a compassionate view and dispose of it expeditiously. The court further ordered that any interlocutory applications, if filed, be disposed of. Consequently, the appeal was disposed of.

Issues considered

  • Whether the appellant should be permitted to approach the competent authority for redressal of his grievance after the dismissal of his writ petition
  • Whether the intra‑court appeal under Clause 10 of the Letter Patent Rules should be disposed of with such permission

Subjects

  • intra‑court appeal
  • Letter Patent Rules
  • writ petition
  • permission to approach authority
  • compassionate view

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Letters Patent Appeal No.155 of 2024
                                                     In
                               Civil Writ Jurisdiction Case No.7088 of 2016
                 ======================================================
                 Vijay Kumar, Son of Sri Ram Murat Seth Resident of Village- Mokar, PO and
                 PS- Agarer (Sasaram). District- Rohtas, posted as Assistant, Civil Court,
                 Khagaria

                                                                             ... ... Appellant/s
                                                   Versus

           1.    The State of Bihar through Secretary, law Department, Government of
                 Bihar, Patna.
           2.    The High Court of Judicature at Patna through Registrar General.
           3.    The Registrar General, the High Court of Judicature at Patna Patna.
           4.    The Registrar (Administration) In-Charge The High Court of Judicature at
                 Patna.
           5.    The District and Sessions Judge, Khagaria, (Disciplinary Authority), At and
                 P.O. and P.S.- Khagaria, District- Khagaria.
           6.    The Learned 1st Additional District and Sessions Judge, Khagaria (1st
                 Inquiry Officer), At and P.O. and P.S.- Khagaria, District- Khagaria.
           7.    The Learned 3rd Ad-hoc Additional District and Sessions Judge, Khagaria
                 (2nd Inquiry Officer), At and P.O. and P.S.- Khagaria, District- Khagaria.
           8.    The Registrar, Civil Court of Khagaria, At and P.O. and P.S.- Khagaria,
                 District- Khagaria.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Mahesh Narain Parbat, Sr. Advocate
                                               Mr.Praveen Prabhakar, Advocate
                 For the Respondent/s   :      Mr. Gyan Prakash Ojha, GA-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

4   07-04-2026                  Heard learned counsel for the parties.

                                2. The present intra court appeal has been preferred

                   under Clause 10 of letter patent of Patna High Court Rules,

                   against the order dated 16.01.2024 passed by the learned Single
          Patna High Court L.P.A No.155 of 2024(4) dt.07-04-2026
                                                       2/2




                    Judge in CWJC No. 7088 of 2026, whereby the writ petition

                    was dismissed.

                                 3. After some arguments, learned counsel for the

                    appellant seeks permission to approach the competent authority

                    for redressal of his grievance.

                                 4. Permission is accorded.

                                 5. In case the appellant approaches the competent

                    authority, the said authority shall consider the grievance of the

                    appellant in accordance with law and, if necessary, take a

                    compassionate view while disposing of the same expeditiously.

                                 6. With the aforesaid observations, the present appeal

                    stands disposed of.

                                 7. Interlocutory application, if any, shall also stand

                    disposed of.



                                                 (Sudhir Singh, J)


                                               (Shailendra Singh, J)
Sujit/-

U


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