Gita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1086 of 2017 IN Civil Writ Jurisdiction Case No. 124 of 2016 =========================================================== Gita Devi, D/o Parama Ram, W/o-Manoj Kumar Ram, Resident of VillageBarchhoga yadu Ram Ray, ke, Tola P.S.-Gorayakothi, District-Siwan, Presently Resident of Village-Chandi, P.O.-Sikandarpur, P.S.-G.B.Nagar, Tarwara, BlockBarahariya, District-Siwan .... .... Appellant/s

Versus

1. The State of Bihar through its Principal Secretary-cum-Chief Executive Officer, Bihar Mahadalit Vikas Mission, Department of Schedule Caste and Schedule Tribe Welfare, Bihar, Patna.

2. The Mission Director, Bihar Mahadalit Vikas Mission, Bihar, Patna.

3. The Deputy Director, District Welfare Department, Siwan

4. The Deputy Development Commissioner, Siwan

5. The District Magistrate, Siwan.

6. District Programme Officer-cum-District Welfare Officer, Siwan.

7. Sub-Divisional Officer, Siwan.

8. Block Development Officer, Barahariya, Siwan. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Shahabuddin Azeem, Adv For the State : Mr. Kaushal Kumar Jha, AAG-8 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 07-09-2017 Interlocutory Application No. 6391 of 2017 The Interlocutory Application has been filed for condonation of delay in filing of appeal.

The delay of 80 days in filing of this appeal is condoned.

Accordingly, Interlocutory Application No.6391 of

Patna High Court LPA No.1086 of 2017 dt.07-09-2017 2/2 2017 stands allowed and disposed of.

This Letters Patent Appeal has been filed against an order of review dated 12.04.2017 passed in Civil Review No. 505 of 2016, whereby the prayer made by the appellant seeking review of an order passed on 03.10.2016 in Civil Writ Jurisdiction Case No. 124 of 2016 has been rejected.

The appellant has not challenged the original order passed on 03.10.2016 in Civil Writ Jurisdiction Case No. 124 of 2016. He has only challenged the order passed in review. Against the order passed in review and without challenging the original order passed in the writ petition, this appeal is not maintainable. Graining liberty to the appellant, if advised, to challenge the original order passed in the writ petition also, in accordance with law, we disposed of the matter, as the Letters Patent Appeal is not maintainable.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11/09/2017 Transmission Date NA