Patna High Court
Vipul KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
A Letters Patent Appeal is not maintainable against a procedural order granting liberty to withdraw a writ petition and seek alternative remedy.
Summary
Vipul Kumar appealed to the Patna High Court under Letters Patent against an order dated 10‑12‑2024 in which a Single Judge had dismissed his writ petition after granting him liberty to withdraw the petition and seek relief in a competent civil court. The central question was whether a Letters Patent Appeal is maintainable against such a procedural order. The Court examined whether the order exhibited any perversity or jurisdictional error that would justify appellate review. Finding none, the Court held that the order was a routine procedural direction and not an appealable decision. Consequently, the appeal was dismissed.
Issues considered
- Whether a Letters Patent Appeal is maintainable against an order granting liberty to withdraw a writ petition and approach a civil court.
Subjects
- Letters Patent Appeal
- writ jurisdiction
- maintainability
- procedural order
- civil court remedy
- appellate jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.19 of 2025
In
Civil Writ Jurisdiction Case No.18752 of 2024
======================================================
Vipul Kumar Son of Mr. Shailendra Singh, resident of Village- Dhibra, P.S.
Parsa Bazar, District- Patna- 801505, (Bihar).
... ... Appellant
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Old
Secretariat, Patna.
2. Director General of Police (DGP), Police Bhawan, Bailey Road, Patna.
3. Superintendent of Police (Patna Town), Police Bhawan, Bailey Road, Patna.
4. Deputy Superintendent of Police, Parsa Bazar Thana, Parsa, Patna.
5. Parsa Thana Incharge, Parsa, Patna.
6. Mahila Thana Incharge, Gardanibagh, Patna- 800001.
7. Smt. Priyanka Sinha, D/o Shri Vishwanand Singh, Flat No. A-204,
Vrindavan Apartment, Phase No.- 2, Block- A, At Malahi Pakri,
Kankarbagh, P.S.- Kankarbagh, District- Patna- 800020.
... ... Respondents
======================================================
Appearance :
For the Appellant : Mr.Raj Kishore Srivastava, Advocate
For the Respondents :
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 06-04-2026 The Letters Patent Appeal has been filed by the
appellant-Vipul Kumar challenging the order dated 10.12.2024
passed by the learned Single Judge in C.W.J.C No. 18752 of
2024.
2. From the impugned order dated 10.12.2024, it
appears that when the matter was taken up, after advancing
Patna High Court L.P.A No.19 of 2025(5) dt.06-04-2026
2/2
some arguments, learned counsel for the petitioner sought
permission of the Court not to press the writ petition, with
liberty to avail the alternative remedy available under law,
including approaching the Civil Court of competent jurisdiction.
3. The learned Single Judge disposed of the writ
petition, granting such liberty to the petitioner.
4. If the petitioner chose not to press the writ petition
and sought for liberty to avail the alternative remedy including
to approach the competent Civil Court, it is not conceivable as
to how an L.P.A. is maintainable against such an order.
5. Since, we do not find any perversity in the impugned
order, we are not inclined to entertain the L.P.A.
6. Accordingly, the Letters Patent Appeal stands
dismissed.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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