Created by Fuzzy Cloud

Patna High Court

Sita Devi @ Sita KumariversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court disposed of the Letters Patent Appeal as not pressed, permitting the appellant to withdraw it and approach the Single Judge through a writ petition.

Summary

The appellant, Sita Devi, filed a Letters Patent Appeal challenging a Single Judge's order in a civil writ case concerning her unpaid salary since 2023. During the hearing, counsel was questioned about the appellant's entitlement to salary in a writ petition filed by Respondent No.6 challenging her transfer. The appellant's counsel then sought permission to withdraw the appeal and instead approach the Single Judge via a writ petition for appropriate relief. The Court allowed the withdrawal, disposing of the Letters Patent Appeal as not pressed and granting liberty to file the writ petition. All interlocutory applications, if any, were also disposed of.

Issues considered

  • Whether the Letters Patent Appeal should be allowed to proceed in view of the pending writ petition and the appellant's request to withdraw
  • Whether the appellant may seek salary relief through a writ petition rather than the present appeal

Subjects

  • Letters Patent Appeal
  • withdrawal of appeal
  • salary claim
  • civil writ jurisdiction
  • procedural law
  • writ petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Letters Patent Appeal No.419 of 2025
                                                        In
                                 Civil Writ Jurisdiction Case No.4254 of 2025
                 ======================================================
                 Sita Devi @ Sita Kumari, Wife of Akhilesh Kumar, Resident of Village and
                 P.O- Phulari, P.S- Sandesh, District- Bhojpur.

                                                                           ... ... Appellant/s
                                                  Versus
           1.    The State of Bihar Through the Principal Secretary, Education Department,
                 Govt. of Bihar, Patna.
           2.    The District Magistrate, Bhojpur at Ara.
           3.    The District Program Officer (Establishment), Ara.
           4.    The Block Education Officer, Sandesh, Bhojpur.
           5.    The Panchayat Secretary, Panchayat Niyojan Ekayi, Gram Panchayat at
                 Khandol, District- Bhojpur at Ara.
           6.    Sushma Kumari Wife of Vimal Kumar Singh, Resident of Ward No.-12,
                 Phulari, P.S- Sandesh District- Bhojpur at Ara.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr.Amritanshu Raj, Advocate
                 For the State          :      Mr. Sarvesh Kumar Singh, AAG-13
                                               Mr. Abhinav Alok, AC to AAG-13
                 For Respondent No. 6   :      Mr. Rakesh Kumar Sharma, Advocate
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   12-03-2026                  This Letters Patent Appeal has been filed by the

                   appellant Sita Devi @ Sita Kumari challenging the order dated

                   18.03.2025 passed by a learned Single Judge of this Court in

                   C.W.J.C. No. 4254 of 2025.

                                2. Learned counsel for the appellant submits that the

                   appellant has not been paid her salary since 2023 and therefore,

                   necessary direction may be issued. However, after arguing for
           Patna High Court L.P.A No.419 of 2025(7) dt.12-03-2026
                                                        2/2




                     some time when a question was posed to him that how the

                     appellant is entitled to get her salary in the writ petition which

                     was filed by Respondent No. 6 challenging her transfer order, at

                     this stage, learned counsel for the appellant seeks permission to

                     withdraw this Letters Patent Appeal with liberty to approach the

                     learned Single Judge by filing a writ petition seeking

                     appropriate relief.

                                  3. Accordingly, the Letters Patent Appeal is disposed

                     of as not pressed with the liberty as aforesaid.

                                  4. Interlocutory Application(s), if any, shall stand

                     disposed of.



                                          (Sangam Kumar Sahoo, CJ)


                                               (Alok Kumar Sinha, J)
P.K.P./-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.