Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
Holding
The appeal is dismissed as withdrawn, with permission granted to pursue the original writ petition.
Summary
Sanjay Kumar appealed to the Patna High Court (Letters Patent Appeal No.775 of 2023) against a Civil Review judgment that ordered his writ petition to be renumbered, renewed, and placed for fresh arguments. The appellant sought the Court’s permission to withdraw the appeal and continue with the original writ application (C.W.J.C. No. 8339 of 2014). The Court, after hearing counsel, granted the request, allowing the appellant to pursue the writ petition. Consequently, the Letters Patent Appeal was dismissed as withdrawn. Any pending applications were also ordered to be disposed of.
Issues considered
- Whether the appellant may be permitted to withdraw the Letters Patent Appeal and continue with the original writ petition?
Subjects
- Letters Patent Appeal
- Civil Review
- withdrawal of appeal
- writ petition
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.775 of 2023
In
CIVIL REVIEW No.19 of 2019
======================================================
Sanjay Kumar, Male, aged about 47 years, Son of Late Saryug Ram, Resident
of Village and P.O.- Loma, P.S.- Tisiouta, District- Vaishali.
... ... Appellant
Versus
1. The State of Bihar through the Principal Secretary, now the Additional Chief
Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.
2. The Principal Secretary, now the Additional Chief Secretary, Education
Department, Government of Bihar, New Secretariat, Patna.
3. The District Education Officer, Vaishali at Hajipur, Bihar.
4. The District Programme Officer (Establishment), Vaishali at Hajipur.
... ... Respondents
======================================================
Appearance :
For the Appellant : Mr. Bipin Bihari Singh, Advocate
For the Respondents : Mr. Sarvesh Kr. Singh, A.A.G.-13
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
4 09-04-2026 Heard learned counsel for the appellant and learned
counsel for the respondents.
2. The present intra court appeal has been preferred
against the judgment and order dated 19.04.2023 passed by the
learned Single Judge in Civil Review No. 19 of 2019, whereby
the civil review application filed by the petitioners-respondents
was disposed of.
3. In Civil Review No. 19 of 2019, following
observation has been made:-
Patna High Court L.P.A No.775 of 2023(4) dt.09-04-2026
2/2
“The writ petition is directed to be again re-
numbered, renewed and placed on its
original number and placed for arguments
before the Court afresh.”
4. Learned counsel for the appellant seeks permission
to withdraw the present Letters Patent Appeal with a liberty to
pursue the writ application bearing C.W.J.C. No. 8339 of 2014
in light of the observation made in Civil Review No. 19 of 2019
vide order dated 19.04.2023.
5. Permission is accorded.
6. Accordingly, the present Letters Patent Appeal is
dismissed as withdrawn with the aforesaid liberty.
7. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
( Shailendra Singh, J)
U.K./-
U
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