Disposed¶29

Umakant v. The State of Bihar

Patna HC4 Sept 2024L.P.A/1363/2019

Case brief

AI extract

What is this about?

Withdrawal of Letters Patent Appeal on appellant's personal consent; change of counsel criticised by Division Bench; counsel as Officer of the Court; disputed and complicated questions of facts and law left to competent Civil Court; liberty reserved to seek compensation upon obtaining declaration; respondents include State of Bihar, Rural Works Department officials, District Magistrate/D.C.L.R./Circle Officer (Arwal), Executive Engineer and IRCON International Limited; Patna High Court, decision dated 04-09-2024.

What did the court decide?

Appeal permitted to be withdrawn with the liberty as reserved by the learned Single Judge (liberty to seek compensation if a declaration is obtained in the appellant's favour). ¶29

Umakant Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1363 of 2019 In

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Civil Writ Jurisdiction Case No.25055 of 2013

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

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Umakant Son of Late Shyam Narayan Sharma Resident of Village and PostPariyari, P.S.- Kinjar, District- Arwal, At present- R/o Flat No. 303, Akanchha Punam Palace, Saubhagya Sharma Path, P.O.- Veterinary College, Rukunpura, Patna.

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... ... Appellant/s

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Versus

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The State of Bihar through the Chief Secretary Government of Bihar Patna.

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The Secretary Rural Works Department, Government of Bihar, at Patna.

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The District Magistrate Arwal.

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D.C.L.R., Arwal.

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Circle Officer Karpi, District - Arwal.

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Executive Engineer Rural Works Department, Arwal.

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IRCON International Limited through its Chairman/Managing Director.

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... ... Respondent/s

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

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Appearance :

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For the Appellant/s : Mr. Diwakar Prasad Singh, Advocate For the Respondent/s : Mr. P.K.Shahi, AG ======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE and

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HONOURABLE MR. JUSTICE PARTHA SARTHY

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ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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7 04-09-2024 The learned Counsel appearing for the appellant

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submitted that the appeal is filed since his party had not instructed for withdrawal of the appeal.

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In fact, we see that the learned Counsel appearing for the appellant before the learned Single Judge sought for withdrawal of the appeal specifically expressing the view that disputed and complicated questions of facts and law are involved, which would require to be adjudicated by an

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Patna High Court L.P.A No.1363 of 2019(7) dt.04-09-2024 2/2

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appropriate Civil Court having competent jurisdiction. The learned Counsel also sought for liberty to seek compensation, if a declaration is obtained in his favour. The learned Single Judge allowed both the declarations.

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We were unhappy by the manner in which the appeal was filed by changing the Counsel. We were of the opinion that the learned Counsel had expressed his view as an Officer of the Court and we find absolutely no reason for him to have obtained further instruction from the writ petitioner.

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The learned Counsel then, sought for withdrawal of the appeal. We directed an affidavit to be filed by the appellant, however, the learned Counsel informed us that the appellant is present in person in Court. Since the appellant was present in Court, we specifically asked him to get the consent of the appellant and on his consent, permission was sought to withdraw the appeal.

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The appeal is permitted to be withdrawn with liberty as reserved by the learned Single Judge.

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(K. Vinod Chandran, CJ)

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(Partha Sarthy, J)

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Shiv/- U

Umakant v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Umakant v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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