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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The appeal is disposed of as withdrawn, with the appellant retaining liberty to approach the District Appellate Authority within 30 days.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 The Patna High Court allowed the withdrawal, disposing the appeal as withdrawn while reiterating the liberty to approach the District Appellate Authority within 30 days.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  • Whether an intra‑court appeal under the Letters Patent can be withdrawn after filing?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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