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Patna High Court

Shatrughna Kumar Sahu @ Shatrughna Kumar SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The appeal is disposed of as withdrawn, allowing the appellant to seek alternative remedy.

Summary

The appellant, Shatrughna Kumar Sahu, filed an intra‑court appeal under Clause 10 of the Patna High Court Letters Patent Rules against a single judge's order dated 20‑01‑2023 in a civil writ case. The appellant sought to withdraw the appeal so that he could pursue an alternative remedy as suggested by the single judge. The High Court heard arguments and noted that if the appellant files a fresh appeal within thirty days, the appropriate appellate authority will consider his grievance. The Court permitted the withdrawal of the present appeal and ordered it to stand disposed as withdrawn.

Issues considered

  • Whether the appellant may withdraw an intra‑court appeal under Clause 10 of the Letters Patent Rules.

Subjects

  • intra‑court appeal
  • withdrawal of appeal
  • Letters Patent Rules
  • procedural law
  • alternative remedy

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Letters Patent Appeal No.662 of 2023
                                                      In
                                 Civil Writ Jurisdiction Case No.329 of 2023
                 ======================================================
                 Shatrughna Kumar Sahu @ Shatrughna Kumar Sah, Son of Ram Chandra Sah
                 @ Ram Chandra Sahu, Resident of Village and P.O. - Simri, P.S. - Bisfi,
                 District - Madhubani.

                                                                             ... ... Appellant/s


                                                    Versus


           1.    The State of Bihar through the Director, Primary Education, Govt. of Bihar,
                 New Secretariat, Patna.
           2.    The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.
           3.    The District Education Officer, Madhubani.
           4.    The District Programme Officer (Establishment), Madhubani.
           5.    The Block Development Officer, Bisfi, P.O. and P.S. - Bisfi, District -
                 Madhubani.
           6.    The Block Education Officer, Bisfi, P.O. and P.S. - Bisfi, District -
                 Madhubani.
           7.    The Executive Officer-cum-Member Secretary, Block                Employment
                 Committee, Bisfi, P.O. and P.S. - Bisfi, District - Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Bipin Bihari Singh, Advocate
                 For the Respondent/s   :      Mr. Sarvesh Kr. Singh (AAG-13)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

6   06-04-2026                 Heard learned counsel for the parties.

                               2. The present intra-court appeal has been preferred

                   under Clause 10 of Letters Patent of Patna High Court Rules,

                   against the order dated 20.01.2023 passed by the learned Single
              Patna High Court L.P.A No.662 of 2023(6) dt.06-04-2026
                                                           2/2




                        Judge in CWJC No. 329 of 2023, which was disposed of in

                        terms of decision dated 23.02.2022 in CWJC No. 5489 of 2020

                        (Suresh Ram vs. The State of Bihar & Ors.) and analogous

                        cases.

                                     3. After some arguments, learned counsel for the

                        appellant seeks permission to withdraw the present appeal in

                        order to avail the alternative remedy, as observed by the learned

                        Single Judge in C.W.J.C. No. 329 of 2023 (supra).

                                     4. In case the appellant approaches the competent

                        appellate authority by filing an appeal within a period of thirty

                        days from today, the said authority shall look into the grievance

                        of the appellant and after providing an adequate opportunity of

                        hearing, pass an appropriate order in accordance with law at the

                        earliest.

                                     5. With the aforesaid observations, the present appeal

                        stands disposed of as withdrawn.



                                                     (Sudhir Singh, J)


                                                   (Shailendra Singh, J)


Rajiv/Sujit

U


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