A single-paragraph order dismissing the Letters Patent Appeal against the Patna High Court's order remanding the matter to the appellate authority for decision on merit within three months. The court held no error in the lower court approach. Appeal disposed of.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.306 of 2018 IN
Civil Writ Jurisdiction Case No. 8756 of 2018
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.... .... Appellants Versus
.... .... Respondents
=========================================================== Appearance : For the Appellant/s : Mr. K.M.Joseph For the Respondent/s : Mr. Md.Khurshid Alam -AAG12
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CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date: 16-07-2018
Keeping in view the nature of the order passed in
the writ petition i.e. setting aside the ex parte order passed dismissing the appeal of the petitioner thereafter, restoring the appeal to its original number and directing the appellate authority
to decide the appeal within three months, we find no error in the order passed by the writ court which only directs to restore the appeal which was filed by the petitioner and direct the appellate
Patna High Court LPA No.306 of 2018 dt.16-07-2018
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authority to decide the matter on merit. The petitioner should appear before the appellate authority, get his appeal decided and thereafter, if any grievance still subsists, he may recourse to remedy available in accordance with law and at this stage when the matter is only a matter of remand the appellate authority, we see no reason to take any indulgence.
We now direct the appellate authority to decide the appeal within a period of three months from the date of receipt of certified copy of this order.
This appeal stands disposed of.
(Rajendra Menon, CJ)
Rajeev/- (Rajeev Ranjan Prasad, J)
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Xaviers Patna Association
Xavier Teachers Training Institute
The State of Bihar
Collector, Patna District
Bihar State Housing Board
Chief Justice Rajendra Menon
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
