Patna High Court
Shailendra Kumar @ Shailendr KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
Holding
The court allowed the appellant to withdraw the appeal and dismissed it as withdrawn.
Summary
The appellant, Shailendra Kumar, filed a Letters Patent Appeal before the Patna High Court challenging orders of the State of Bihar and its officials. The appellant sought permission to withdraw the appeal, stating that his grievance had already been redressed. The court considered whether a party may be allowed to withdraw an appeal at this stage. The bench, after hearing counsel, granted permission to withdraw. Consequently, the appeal was dismissed as withdrawn. The order reflects the court’s discretion to allow withdrawal when the cause of action no longer exists.
Issues considered
- Whether the appellant may be permitted to withdraw the pending Letters Patent Appeal.
Subjects
- appeal withdrawal
- Letters Patent Appeal
- civil writ jurisdiction
- Patna High Court
- discretion to withdraw
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.596 of 2023
In
Civil Writ Jurisdiction Case No.2709 of 2023
======================================================
Shailendra Kumar @ Shailendr Kumar Son of Baij Nath Singh, Resident of
Village and P.O. Sedhan, P.S. Tarari, District-Bhojpur at Ara.
... ... Appellant/s
Versus
1. The State of Bihar through the Chief Secretary, Governemnt of Bihar, Patna.
2. The Principal Secretary, Building Construction Department, Governemnt of
Bihar, Patna.
3. The Joint Secretary, Building Construction Department, Governemnt of
Bihar, Patna.
4. The Engineer-in-Chief, Building Construction Department, Governemnt of
Bihar, Patna.
5. The Financial Advisor, Building Construction Department, Governemnt of
Bihar, Patna.
6. The Chief Engineer (South), Building Construction Department,
Governemnt of Bihar, Patna.
7. The Superintending Engineer, Building Construction Department, Building
Circle, Ara.
8. The Executive Engineer, Building Construction Department, Building
Division, Sasaram.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Awnish Kumar, Advocate
For the Respondent/s : Mr. Amit Prakash, GA-13
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
4 31-03-2026 Learned counsel for the appellant seeks permission
to withdraw the present appeal as the grievance of the appellant
has already been redressed.
2. Permission is accorded.
Patna High Court L.P.A No.596 of 2023(4) dt.31-03-2026
2/2
3. Accordingly, the appeal stands dismissed as
withdrawn.
(Sudhir Singh, J)
(Shailendra Singh, J)
Sachin/-
U
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