Bishesa Rani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.679 of 2018 In Civil Writ Jurisdiction Case No.19754 of 2015 ====================================================== Bishesa Rani daughter of Sri Sita Ram Sah, R/o mohalla- Bakaria Tola, Maharajganj, P.S- Alamganj, District- Patna ... ... Appellant

Versus

1. The State Of Bihar through the Director General of Police, Bihar at Patna

2. The Director General of Police, Bihar at Patna

3. The Deputy Inspector General of Police (Admin), Bihar, at Patna

4. The Deputy Inspector General of Police, Bihar Military Police (Central Division), Patna

5. The Commandant, Bihar Military Police-14, Patna

6. The Superintendent of Police, Sitamarhi-cum-Chairman, Selection Committee, Central Division, Board No. 3.

... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr. Dhanendra Chaubey, Advocate For the Respondent/s :

Mr. P.K.Verma -AAG 3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-07-2018 The writ petition in question was dismissed primarily on the ground that the order dated 17.02.2012 has not been challenged on merit by the petitioner and without assailing this order no relief can be granted. However, while doing so the learned Writ Court did not take note of the fact that on 18th April, 2018 itself I. A. no. 3136 of 2018 was filed for challenging the order dated 17.02.2012.

We, therefore, allow this appeal and quash the order dated 23.04.2018 and restore C.W.J.C. No. 19754 of 2015 to its

Patna High Court LPA No.679 of 2018(2) dt.23-07-2018 2/2 original file and direct for placing the matter before the appropriate Bench.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) avin/- U