Patna High Court
Babita SinhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The appeal is disposed of as withdrawn, with the appellant retaining liberty to approach the District Appellate Authority within 30 days.
Summary
Babita Sinha filed a writ petition challenging actions of various Bihar state officials. The Single Judge disposed the petition, granting her liberty to raise the grievance before the District Appellate Authority. An intra‑court appeal under Clause 10 of the Letters Patent was filed against that order. The appellant subsequently sought permission to withdraw the appeal, invoking the liberty already granted. The Patna High Court allowed the withdrawal, disposing the appeal as withdrawn while reiterating the liberty to approach the District Appellate Authority within 30 days.
Issues considered
- Whether an intra‑court appeal under the Letters Patent can be withdrawn after filing?
- Whether the liberty granted by the writ court to approach the District Appellate Authority remains effective after withdrawal of the appeal?
Subjects
- intra-court appeal
- letters patent
- writ jurisdiction
- withdrawal of appeal
- procedural law
- district appellate authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.797 of 2023
In
Civil Writ Jurisdiction Case No.7820 of 2015
======================================================
Babita Sinha, daughter of Sri Navin Prasad Singh, resident of village-
Pathain, P.S. - Phullidumar, District - Banka.
... ... Appellant/s
Versus
1. The State of Bihar
2. The Secretary, Human Resources Development Department, Bihar, Patna.
3. The Asst. Director, Primary Education, Bihar, Patna.
4. The District Superintendent of Education, Banka.
5. The District Programme Officer, Banka.
6. Panchayat Employment Unit, Teliyar Pahar, Fullidumar, Banka.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Vivekanand Vivek, 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)
5 23-04-2026 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 01.05.2023 passed by the learned Single
Judge in CWJC No. 7820 of 2015, whereby the writ petition
filed by the writ petitioner/appellant was disposed of with the
following observations:-
"Having heard learned counsel for the parties and
taking into consideration the nature of dispute, this
writ application is disposed of with liberty to the
petitioner to raise her grievance before the District
Patna High Court L.P.A No.797 of 2023(5) dt.23-04-2026
2/2
Appellate Authority of the concerned district in
accordance with law."
3. After some arguments, learned counsel for the
appellant seeks permission to withdraw the present appeal with
liberty to avail the remedy as granted to her by the learned writ
court.
4. Permission is granted.
5. Accordingly, the present appeal stands disposed of
as withdrawn with the liberty aforesaid.
6. In case the appellant approaches the District
Appellate Authority within a period of 30 days from today, the
appellate authority shall consider and dispose of the matter in
accordance with law, expeditiously.
7. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, J)
(Shailendra Singh, J)
Rajiv/Sujit-
U
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