Patna High Court dismissed a letters patent appeal where the appellant challenged only a review order dismissing a review application, noting no error could be found absent the underlying order.
Letters Patent Appeal dismissed with no order on merit regarding the underlying decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.266 of 2014 Arising out of C. REV. 40 of 2012 =========================================================== Manish Kumar Son of Late Bhagat Sah, Resident of Mohalla - Kabirganj, (Sangam Lodge ), P.S. Sasaram, District - Rohtas .... .... Appellant/s Versus The Assistant Engineer, Electric Supply Sub - Division, Bihar State Electricity Board, Sasaram ( Rohtas ) .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Anil Kumar, Advocate. For the Respondent/s : Mr. Vinay Kirti Singh, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 22-06-2016
The challenge in the present letters patent appeal is to an order dated 08.03.2013 passed in Review Application filed by the appellant to seek review of the order dated 25.08.2011.
The order dated 25.08.2011 is not the subject matter of challenge in the present Letters Patent Appeal. The only order under challenge is that of 08.03.2013, whereby the review application was dismissed finding no error apparent on record.
In appeal against the order passed in review, the appellant court will examine any error in the order passed in review application alone. Since, the reason recorded is that there is no error apparent on record, obviously, this Court, in appeal, cannot find any
Patna High Court LPA No.266 of 2014 dt.22-06-2016
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error in the order in review when order on merit is not subject matter of challenge in the present Letters Patent Appeal.
In view of the aforesaid, the present Letters Patent Appeal is dismissed.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
Sujit/P.Kumar
AFR/NAFR NAFR CAV DATE Uploading Date 30.06.2016 Transmission Date
1 issue framed by the court
Whether the court can find an error in a dismissal of a review application when the underlying impugned order on merit is not the subject of the appeal.
Manish Kumar
The Assistant Engineer
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
