Disposed

Shiv Shankar Mahto v. The State Of Bihar and Ors.

Patna HC13 Sept 2018L.P.A/176/2018

Case brief

AI extract

What is this about?

The Court found that the main writ petition was not actually disposed of by the Single Judge despite a clerical error marking it as such. The Registry was directed to modify the status to pending. The Letters Patent Appeal was disposed of summarily.

What did the court decide?

Directed Registry to modify the status of C.W.J.C. No. 8506 of 2016 as pending and treat it accordingly in the roll.

Shiv Shankar Mahto Vs The State Of Bihar and Ors. — Patna HC (2018) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.176 of 2018 In

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Civil Writ Jurisdiction Case No. 8506 of 2016

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===================================== Shiv Shankar Mahto, Son of Late Chhotan Mahto, resident of Village + P.O.-Dhanama, P.S.-Chandradeep, DistrictJamui.

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.... .... Appellant/s

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Versus

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The State of Bihar through the Principal Secretary, Finance Department, Government of Bihar, Patna.

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The Accountant General, Bihar, Patna.

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The District Provident Fund Officer, G.P.F. (Finance Department), Munger.

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The District Programme Officer, Establishment (Education) Munger, under the Office of District Education Officer, Munger. 5. The District Programme Officer, Establishment (Education), Jamui, under the Office of District Education Officer, Jamui.

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The Headmaster, Middle School, Aliganj-Cum-Drawing & Disbursing Officer, Block-Islam Nagar, Aliganj, P.O.-Aliganj, P.S.-Chandradeep, District-Jamui.

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.... .... Respondent/s

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=====================================

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Appearance :

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For the Appellant/s : Mr. Prakash Mahto, Advocate For the Respondent/s : Mr. Ajay Kumar Rastogi, AAG-10 =====================================

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Patna High Court LPA No.176 of 2018 (4) dt.13-09-2018

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2/3

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

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ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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4 13-09-2018 The present Letters Patent Appeal has been preferred by the original writ-petitioner on the premise that the main writ petition has been disposed of by learned Single Judge and other reliefs have been denied and have not been considered. He has relied upon the case details in which the status of the main writ petition is stated to be disposed of.

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However, considering the earlier order dated 22.12.2017 as well as the subsequent order dated 05.01.2018, passed by the learned Single Judge, it appears that as such no order has been passed by the learned Single Judge disposing of the main writ petition. It appears that due to the mistake on the part of the Bench Clerk, the entry in the record is shown to be disposed of.

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Under the circumstances, Registry is directed to modify the status of C.W.J.C. No. 8506 of 2016 and treat it as pending, as it does not appear that the learned Single Judge has disposed of the main writ petition vide order dated 05.01.2018 and, thereafter, notify the main writ petition, i.e. , C.W.J.C. No. 8506 of 2016, before the

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Patna High Court LPA No.176 of 2018 (4) dt.13-09-2018

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3/3

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learned Single Judge as per the roster.

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With this, the present Letters Patent Appeal

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stands disposed of.

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(Mukesh R. Shah, CJ)

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(Ashutosh Kumar, J)

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Praveen-II/-

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Shiv Shankar Mahto v. The State Of Bihar and Ors.

Case brief

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Shiv Shankar Mahto v. The State Of Bihar and Ors.

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