The Patna High Court dismissed the Letters Patent Appeal. The bench held that appellate authorities were free to decide the matter and that a review application was the proper remedy if facts were suppressed.
The Letters Patent Appeal was dismissed. The Court refused to interfere with the order dated 05.07.2013.
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.626 of 2014 In
Civil Writ Jurisdiction Case No.23839 of 2012
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... ... Appellants
Versus
Vishwanath Singh, Son of Late Ram Lakhan Singh, Resident of Village and Post- Chandauti, P.S.- Chandauti, District- Gaya
... ... Respondent
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Appearance :
For the Appellant/s : Mr. Shambhu Nath For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI)
Date : 02-11-2017
Heard counsel for the State i.e. the appellant.
The appeal is dismissed. The Court refuses to interfere with the order dated 05.07.2013 because it is left open to the appellate authorities itself to take a decision on the observation made by the learned single Judge. They are free to decide the matter. If there are certain suppression of facts, which has been submitted at the bar, then the proper remedy should have been a review application instead of an appeal.
Patna High Court LPA No.626 of 2014 dt.02-11-2017 2/2
The appeal has no merit. It is dismissed. The State authorities
are free to decide.
(Ajay Kumar Tripathi, J)
( Rajeev Ranjan Prasad, J)
Pawan/-
AFR/NAFR N.A.F.R. CAV DATE N/A Uploading Date 03.11.2017 Transmission Date N/A
1 issue framed by the court
Whether the Letters Patent Appeal challenging the order dated 05.07.2013 merits interference.
The State of Bihar and others
Vishwanath Singh
Ajay Kumar Tripathi
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
