Appellants challenged a Single Judge's order on grounds that a cited precedent was not relevant to their case. The appellate court held that where factual circumstances differ from the cited case, the remedy is civil review rather than LPA.
LPA No. 438 of 2021 disposed of; liberty reserved to appellants to file a civil review petition.
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.438 of 2021 In
Civil Writ Jurisdiction Case No.2205 of 2020
======================================================
... ... Appellant/s
Versus
Md. Ghulam Rabbani S/o Late Md. Shafi Ahmad, R/o Village - Jahana, P.S.Konch, District - Gaya. At present residing at Raja Bagicha, Rafiganj, District - Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Binita Singh, SC 28 Mr. Nishant Kumar Jha, AC to SC 28 For the Respondent/s : Mr. Umesh Kumar Mishra, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and
HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Patna High Court L.P.A No.438 of 2021(9) dt.13-05-2025 2/2
case is not similar to that of Abdus Samad case (cited supra ), in such an event, appellants have a remedy of filing civil review and not LPA. Accordingly, present LPA No. 438 of 2021 stands disposed of reserving liberty to the appellants to invoke remedy of filing civil review petition.
(P. B. Bajanthri, J)
(S. B. Pd. Singh, J)
GAURAV S./- U
1 issue framed by the court
Whether an LPA is the appropriate remedy when appellants dispute the relevance of a precedent relied on in a Single Judge's order.
Colour shows how this judgement treated each authority
Abdus Samad vs. The State of Bihar and OthersDistinguished
CWJC No. 7322 of 2017
The State of Bihar (and other education officials)
Md. Ghulam Rabbani
P. B. Bajanthri
S. B. Pd. Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
