Patna High Court

Prabhakar Kumar PaswanversusThe State of Bihar

Decided: 26 March 2026
Disposal: DISPOSED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal was disposed of because the underlying writ petition remained sub judice.

Summary

The appellants filed a Letters Patent Appeal against an interim order dated 30.07.2025 which directed that their writ petition (C.W.J.C. No.11559 of 2025) be listed after a four‑week period. The Single Judge had not yet disposed of the writ petition, and the respondents argued that the matter remained sub judice. The Court examined whether the appeal could be entertained while the underlying petition was still pending. It held that since the writ petition was still before the Single Judge, the appeal could not proceed and was therefore disposed of. The Court also directed that any pending applications, if any, be disposed of as well.

Issues considered

Whether a Letters Patent Appeal can be entertained when the subject writ petition is still sub judice before the Single Judge

Subjects

Letters Patent Appeal
interim order
sub judice
writ jurisdiction
appeal disposal

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.976 of 2025
                                             In
                   Civil Writ Jurisdiction Case No.11559 of 2025
     ======================================================
1.    Prabhakar Kumar Paswan Son of Falgun Paswan, resident of Manihari Patel
      Tola, P.S.-Manihari, District- Katihar.
2.   Raushan Kumar Ram, S/o-Sukan Ram, resident of Ward No.3 Murli P.S.
     -Bhatiyahi, District- Supaul.
3.   Pravesh Kumar Paswan, Son of Kapleshwar Paswan, resident of Guriya
     Ward No. 2, P.S.Jadiya, District- Supaul.
4.   Dilip Kumar, Son of Shivadatta Sharma, resident of Ward No.2, Pathra
     Dakshin, P.S.-Pipra, District- Supaul.
                                                               ... ... Appellant/s
                                        Versus
1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Additional Chief Secretary-cum-Principal Secretary,             General
     Administration Department, Government of Bihar, Patna.
3.   The Bihar Staff Selection Commission, through its Secretary, Veterinary
     College, Patna-800014.
4.   The Chairman, Bihar Staff Selection Commission, Veterinary College,
     Patna-800014.
5.   The Controller of Examination, Bihar Staff Selection Commission,
     Veterinary College, Patna-800014.
6.   The District Magistrate cum Collector, Supaul.
7.   The Chairperson, Selection Committee, Advertisement No.-01/2012,
     District- Supaul.
8.   Arti Kumari, W/o Ashok Kumar Ram, D/o Pradeep Kumar Ram, R/o Village
     Patel chowk, Nagar Parishad Ward no 26, PS Supaul, District Supaul, Bihar,
     Pin Code 852131.
9.   Kavita Kumari, W/o Amarendra Kumar, D/o Nageshwar Ram, R/o Village
     Shivpuri Narhi, PO Tarbitta, PS Kishanpur, District Supaul.
10. Babita Kumari, W/o Chandan Kumar Paswan, D/o Bhagwat Paswan, R/o
     Village Maheshpur, Ward no 2, PS Supaul, District Supaul.
                                                            ... ... Respondent/s
    ======================================================
     Appearance :
     For the Appellant/s   :       Mr. Mukesh Kumar No.1, Adv.
                                   Mr. Amaresh Kumar, Adv.
                                   Ms. Anamika Anshu, Adv.
     For the State         :       Mr. Pankaj Kumar, SC-12
                                   Mr. Kamlesh Kishore, AC to SC-12
     For the BSSC          :       Mr. Satyabir Bharti, Sr. Adv.
                                   Ms. Aastha Prakash, Adv.
                                   Ms. Kanupriya, Adv.
                                   Mr. Abhishek Anand, Adv.

     ======================================================
           Patna High Court L.P.A No.976 of 2025(9) dt.26-03-2026
                                                        2/2




                   CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                      ORAL ORDER

                   (Per: HONOURABLE THE CHIEF JUSTICE)

9     26-03-2026                  The present Letters Patent Appeal has been preferred

                     against the interim order dated 30.07.2025 passed by the learned

                     Single Judge in C.W.J.C. No. 11559 of 2025.

                                  2. Upon perusal of the impugned order, it transpires

                     that the said writ petition was directed to be listed after a period

                     of four weeks.

                                  3. Learned counsel appearing on behalf of the

                     respondents submits that the matter is still sub judice before the

                     learned Single Judge.

                                  4. In such circumstances, it is open to the appellants to

                     mention the matter before the appropriate Bench for early

                     hearing. Accordingly, the present Letters Patent Appeal stands

                     disposed of.

                                  5. Pending application(s), if any, shall also stand

                     disposed of.


                                          (Sangam Kumar Sahoo, CJ)


                                                  ( Harish Kumar, J)
rohit/-

U

Continue reading with your account

Checking your session…