Disposed¶27

Shyam Nandan Prasad v. The State of Bihar

Patna HC1 May 2025L.P.A/138/2020

Case brief

AI extract

What is this about?

Patna High Court LPA No.138 of 2020 (in CWJC No.2449 of 2019), oral order dated 01-05-2025: withdrawal of appeal not examinable in LPA as Single Judge had passed order on merits (11.02.2019); liberty reserved to file civil review before learned Single Judge; pending I.A. disposed of; no statutes or precedent cases engaged.

What did the court decide?

Liberty reserved to the appellant to file civil review before the learned Single Judge in CWJC No. 2449 of 2019; pending I.A., if any, disposed of. ¶27

Shyam Nandan Prasad Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty reserved to the appellant to file civil review before the learned Single Judge in CWJC No. 2449 of 2019; pending I.A., if any, disposed of.

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Issue for consideration

Whether the appellant may withdraw LPA No. 138 of 2020 and obtain liberty to invoke his civil remedy before the civil court, given that the learned Single Judge had already passed an order on merits in CWJC No. 2449 of 2019.

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Court's answer

The appellant's request to withdraw the LPA and seek liberty to invoke the civil-court remedy cannot be examined in the Letters Patent Appeal, because the learned Single Judge has already passed an order on merits in CWJC No. 2449 of 2019.

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Ratio / Principle

The remedy available to the appellant is to file a civil review before the learned Single Judge in CWJC No. 2449 of 2019.

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Key takeaways

LPA No. 138 of 2020 stands disposed of, reserving liberty to the appellant to file civil review before the learned Single Judge.ratio¶27
Pending interlocutory application(s), if any, stand disposed of.ratio¶28

Detailed headnote1 paragraphs

Oral order of the High Court of Judicature at Patna dated 01-05-2025 in Letters Patent Appeal No.138 of 2020 arising out of Civil Writ Jurisdiction Case No.2449 of 2019 (bench: Hon'ble P. B. Bajanthri and Hon'ble S. B. Pd. Singh; order per Hon'ble P. B. Bajanthri). The appellant, whose writ petition had been decided on merits by the learned Single Judge on 11.02.2019 without his having apprised the Single Judge of his civil remedy before the concerned trial court, sought to withdraw the present LPA with liberty to invoke the civil-court remedy. Held: such a request cannot be examined in the LPA since the learned Single Judge had already passed an order on merits, rightly or wrongly; the appellant's remedy is to file a civil review before the learned Single Judge. Accordingly, LPA No. 138 of 2020 was disposed of with that liberty reserved, and pending interlocutory application(s), if any, stood disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.138 of 2020 In

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Civil Writ Jurisdiction Case No.2449 of 2019

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Shyam Nandan Prasad son of Late Govind Prasad, Resident of VillageNowagarhi Devi Asthaan, P.o.- Chand Chwra, Police Station- Vishnupad, District- Gaya.

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... ... Appellant/s

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Versus

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The State of Bihar through Principal Secretary, Urban Development and Housing, Govt. of Bihar, Patna

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The District Magistrate, Gaya

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The Senior Superintendent of Police, Gaya

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The Special Executive Officer, Sadar, Gaya

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The Sub-Divisional Officer, Sadar, Gaya

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The Sub-Divisional Police Officer, City, Gaya

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The Circle Officer, City, Gaya

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... ... Respondent/s

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Appearance :

For the Appellant/s

For the State

: Mr. Jitendra Prasad Singh, Sr. Advocate Mr. Rajeev Kumar, Advocate Mr. Varun Krishna Singh, Advocate : Mr. Yogendra Prasad Sinha, AAG 7

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

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and

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HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

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5 01-05-2025 Appellant has assailed the order of the learned Single Judge dated 11.02.2019 passed in CWJC No. 2449 of 2019. Having regard to the relief sought in the aforementioned writ proceedings, the petitioner did not apprise the learned Single Judge to the extent that he had a civil remedy before the concerned trial court in view of the disputed issue, the same was

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Patna High Court L.P.A No.138 of 2020(5) dt.01-05-2025 2/2

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not apprised. Therefore, appellant is seeking to withdraw the present LPA No. 138 of 2020 and seeking liberty to invoke remedy before the civil court. The same cannot be examined in LPA for the reasons that rightly or wrongly learned Single Judge has passed order on merits, therefore, appellant has remedy of filing civil review in CWJC No. 2449 of 2019.

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Accordingly, present LPA No. 138 of 2020 stands disposed of reserving liberty to the appellant to file civil review before learned Single Judge.

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Pending I.A., if any, stands disposed of.

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(P. B. Bajanthri, J)

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(S. B. Pd. Singh, J)

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GAURAV S./- U

Shyam Nandan Prasad v. The State of Bihar

Case brief

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Shyam Nandan Prasad v. The State of Bihar

Case brief

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