The High Court of Patna granted the appellant permission to withdraw the letters patent appeal reserving liberty to file a review. The appeal stands dismissed as withdrawn. The court clarified that it did not deal with the merits.
Permission granted to withdraw the appeal with liberty to file a review application.
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.1456 of 2019 In
Civil Writ Jurisdiction Case No.1073 of 2017
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Chandra Mohan Jha, S/o- Late Mahendra Jha, resident of Village Kaithwar, Tola Baidyanathpur, P.S. Sakatpur, District- Darbhanga.
... ... Appellant/s Versus
... ... Respondent/s
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Appearance : For the Appellant/s : Mr. Shivendra Kishore, Sr. Advocate Mr. Ashok Kumar Prasad, Advocate For the Respondent/s : Mr.Md.Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 06-12-2019 Heard learned counsel for the appellant and learned counsel for the respondents.
Appellant has preferred this Letters Patent Appeal against the judgment dated 29.08.2019 passed by a learned Single Judge of this Court in C.W.J.C. No. 1073 of 2017, titled as Arun Kumar Jha Vs. The State of Bihar & Ors., whereby District Magistrate, Darbhanga has been directed to remove the encroachment after due notice to the encroacher within a period
Patna High Court L.P.A No.1456 of 2019(3) dt.06-12-2019 2/2
of eight weeks of receipt/production of a copy of the order in accordance with law.
Learned counsel for the appellant seeks permission to withdraw the present appeal reserving liberty to file a review application seeking review of the impugned order dated 29.08.2019 passed in C.W.J.C. No. 1073 of 2017, titled as Arun Kumar Jha Vs. The State of Bihar & Ors.
Permission granted.
The period for which the appellant has been pursuing the present appeal shall not be counted for the purposes of limitation.
We clarify that we have not dealt with the issue on
merits.
The appeal stands dismissed as withdrawn with the liberty aforesaid.
(Sanjay Karol, CJ)
(Anil Kumar Upadhyay, J)
P.K.P./-
U
1 issue framed by the court
Whether permission can be granted to withdraw the letters patent appeal reserving liberty to file a review application.
Chandra Mohan Jha
State of Bihar
Arun Kumar Jha
Sanjay Karol
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
