The application withdrawing an appeal against regularization of Home Guards volunteers was dismissed, as the underlying writ petition had been remanded for reconsideration based on their non-servant status.
Application dismissed as withdrawn.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7526 of 2009
====================================================== Devendra Prasad & Ors .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Pandey For the Respondent/s : Mr. (Sc20) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 4 11-12-2012 Heard learned counsel for the petitioner and the State. The petitioner was directed to be regularized by order dated 4.8.2011 passed in C.W.J.C. No.7526/09. No counter affidavit had been filed despite adjournment. L.P.A. No.1838/11 was preferred against the direction for regularization. Noticing that Home Guards are volunteers and not servants of the State, for reasons discussed by the Division Bench, the matter has been remanded for reconsideration with liberty to the respondents to file counter affidavit also, which has been done. When the matter is taken up for consideration on merits afresh on all aspects, leave is sought to withdraw the application for pursuing alternate remedies. Obviously, the petitioners cannot have any benefit of the order dated 4.8.2011 in C.W.J.C. No.7526/09 pursuant to its having been set aside and the matter remanded in L.P.A.
Patna High Court CWJC No.7526 of 2009 (4) dt.11-12-2012
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The application is dismissed as withdrawn.
(Navin Sinha, J) K.C.jha/-
Devendra Prasad & Ors.
The State Of Bihar & Ors.
Navin Sinha
As recorded by the court registry
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