Patna High CourtL.P.A/1836/2017disposed

Ram Bachan Ram v. The State Of Bihar And ORS

2018-01-04The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1836 of 2017 In Civil Writ Jurisdiction Case No. 15373 of 2014 ====================================================== Ram Bachan Ram, S/o Late Jangi Ram, resident of Village- Gegarhi, P.S.- Ramgarh, District Kaimur at Bhabua.

.... .... Appellant/s

Versus

1. The State of Bihar

2. The Principal Secretary, Primary Education, Government of Bihar, Patna.

3. The District Magistrate, Rohtas (Kaimur).

4. The District Superintendent of Education, Rohtas.

5. The District Superintendent of Education, Bhabua at Kaimur.

6. The Block Development Officer-cum- Inquiry Officer, Chand, Kaimur. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Arun Kumar Tiwari, Advocate Dr. Pramod Kumar Pandey, Advocate For the Respondent/s : Mr. Ashutosh Ranjan Pandey, AAG-15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-01-2018 Once C.W.J.C. No. 13415 of 2004, which was filed by the present petitioner Sri Ram Bachan Ram himself and was withdrawn by his counsel, the observations made by the learned Writ Court in the impugned order that the provisions of res Judicata would apply, in our view, is absolutely correct and cannot be termed as erroneous. Withdrawal of a writ petition without making any reservation or seeking liberty amounts to res judicata as laid down by the Hon'ble Supreme Court in the case of Sarguja Transport Service Vs. State Transport Appellate Tribunal,

Patna High Court LPA No.1836 of 2017 (2) dt.04-01-2018 2/2 Gwalior and others, reported in AIR 1987 SC 88. That being so, the only option, in our considered view, available to the appellant is to seek recall of the order dated 20.03.2006 passed in C.W.J.C. No. 13415 of 2004 or seek its modification and thereafter take such terms as are permissible under the law for challenging the impugned action. Granting the aforesaid liberty to the appellant, we dispose of the matter.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- U