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Patna High Court

Sanjha DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Letters Patent Appeal was dismissed as the matter was sub‑judice.

Summary

The appellant, Sanjha Devi, Vice‑Chairman of Zila Parishad, Sitamarhi, filed a Letters Patent Appeal against the order dated 10‑03‑2026 of the Single Judge in Civil Writ Jurisdiction Case No.3101 of 2026. The order had posted the matter for hearing on 02‑04‑2026 and listed it among the top ten cases. The High Court noted that the matter was still sub‑judice before the Single Judge. Since the appeal was filed while the original proceeding was pending, the Court held that it could not entertain the Letters Patent Appeal. Consequently, the appeal was dismissed. The order was pronounced by the Chief Justice and Justice Harish Kumar.

Issues considered

  • Whether a Letters Patent Appeal can be entertained when the subject matter is sub‑judice before the lower court

Subjects

  • Letters Patent Appeal
  • sub judice
  • appeal dismissal
  • Civil Writ Jurisdiction
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Letters Patent Appeal No.222 of 2026
                                                      In
                                Civil Writ Jurisdiction Case No.3101 of 2026
                 ======================================================
                 Sanjha Devi Wife of Sri Narayan Singh, Resident of Mohalla- Majhaulia,
                 Mome Factory Campus, Near Kabristan, Ward No.- 27, P.O.- GPO, P.S.-
                 Bhagwanpur, District- Muzaffarpur. Presently Vice-Chairman, Zila Parishad,
                 Sitamarhi, District- Sitamarhi.

                                                                            ... ... Appellant/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Panchayati Raj
                 Department, Government of Bihar, Old Secretariat Building, Patna.
           2.    The Commissioner -cum- Dy. Director, Panchayati Raj, Tirhut Division,
                 Muzaffarpur.
           3.    The District Magistrate, Sitamarhi.
           4.    The Deputy Development Commissioner -Cum- Chief Executive Officer,
                 Zila Parishad, Sitamarhi.
           5.    Aditi Kumari, Wife of Rajiv Kumar Bhandari Resident of Village and Post-
                 Ranjitpur, Ward No.- 11, P.S.- Puroura, District- Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. S.B.K. Manglam, Adv.
                                               Mr. Awnish Kumar, Adv.
                 For the State          :      Mr. Standing Counsel (25)
                 For Resp No.4          :      Mr. Ranjeet Kumar Pandey, Adv.
                 For Resp No.5          :      Mr. Jai Vardhan Narayan, Adv.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   25-03-2026                   This Letters Patent Appeal has been filed against the

                   order dated 10.03.2026 passed by the learned Single Judge in

                   C.W.J.C. No.3101 of 2026.

                                 2. Upon perusal of the said order, it appears that the

                   matter has been posted to 02.04.2026 and has been directed to
          Patna High Court L.P.A No.222 of 2026(3) dt.25-03-2026
                                                       2/2




                    be listed among the top ten cases.

                                 3. In view of the aforesaid order passed by the learned

                    Single Judge, and as the matter is sub judice, we are not inclined

                    to entertain the present Letters Patent Appeal. Accordingly, the

                    same stands dismissed.



                                         (Sangam Kumar Sahoo, CJ)


                                                 ( Harish Kumar, J)
rohit/-

U


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