Patna High Court
M/S Gauri ShankarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Letters Patent Appeal is dismissed as it lacks merit while the interlocutory application remains pending.
Summary
M/s Gauri Shankar filed a Letters Patent Appeal against an interim order dated 04-07-2025 that stayed a writ petition and was posted for hearing on 30-08-2025. The appellant argued that an interlocutory application seeking vacatur of the stay order had not been heard or disposed of. The High Court examined whether the appeal had any substantive merit in view of the pending interlocutory application. The Court found no merit in the appeal and dismissed it, noting that the appellant could approach the concerned bench for an early hearing of the interlocutory application. The order underscores the principle that an appeal cannot be entertained when the underlying application remains pending.
Issues considered
- Whether the Letters Patent Appeal filed against the interim stay order is maintainable in view of the pending interlocutory application.
Subjects
- Letters Patent Appeal
- interim order
- stay order
- interlocutory application
- procedural dismissal
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.934 of 2025
In
Civil Writ Jurisdiction Case No.10510 of 2025
======================================================
M/S Gauri Shankar, Fulmat Nagar, PS-Punaura, Dist-Sitamarhi, through its
Work in Charge, Ravi Kumar, male, aged about 24 years, son of Lal Babu
Prasad, resident of Koat Bazar, ward no. 12, Chak Mahila, P.S-Sitamarhi,
District-Sitamarhi.
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Urban
Development and Housing, Government of Bihar, Patna.
2. The Principal Secretary, Department of Urban Development and Housing,
Government of Bihar, Patna.
3. The Additional Secretary, Department of Urban Development and Housing,
Government of Bihar, Patna.
4. The Deputy Secretary, Department of Urban Development and Housing,
Government of Bihar, Patna.
5. The Municipal Corporation, Sitamarhi through its Municipal Commissioner,
Sitamarhi.
6. The Municipal Commissioner, Municipal Corporation, Sitamarhi.
7. The Executive Officer, Municipal Corporation, Sitamarhi.
8. M/s. Mauryan Kars Auto Services LLP, duly incorporated as Limited
Liability Partnership Firm having its registered office at Tyagi Bhawan, New
Bailey Road, Saguna, Danapur, Patna 801503 through its authorized
signatory Amit Kumar aged about 36 years, Male, son of Om Prakash Singh,
Resident of West Lohanipur, Phulwari, P.S. Kadamkuan, District- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sanjay Kumar, Adv.
For the State : Mr. Advocate General (07)
For the Nagar Nigam : Mr. S.K. Thakur, Adv.
Mr. Subodh Kumar, Adv.
For Resp No.8 : Mr. Rajesh Kumar, Adv.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 26-03-2026 This Letters Patent Appeal has been preferred against
the interim order dated 04.07.2025 passed by the learned Single
Patna High Court L.P.A No.934 of 2025(7) dt.26-03-2026
2/2
Judge in C.W.J.C. No. 10510 of 2025.
2. From the impugned order, we find that the said writ
petition was posted to 30.08.2025.
3. Learned counsel for the appellant submits that an
interlocutory application for vacating the interim order of stay
has been filed, which has neither been taken up for
consideration nor disposed of till date.
4. In view of the aforesaid facts, we do do not find
any merit in the present Letters Patent Appeal. Accordingly, the
same stands dismissed.
5. However, it is open to the appellant to mention the
matter before the concerned Bench for early hearing.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
rohit/-
U
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