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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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