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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WITHDRAWN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The court allowed the appellant to withdraw the appeal and dismissed it as withdrawn.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 Consequently, the appeal was dismissed as withdrawn.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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