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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WITHDRAWN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The appeal is dismissed as withdrawn, with permission granted to pursue the original writ petition.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 Consequently, the Letters Patent Appeal was dismissed as withdrawn.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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