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Patna High CourtL.P.A/926/2018disposed

Sanjay Kumar v. The State Of Bihar And ORS

2021-02-04The Chief Justice -,Mr. Justice S. Kumar3 pages

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.926 of 2018 In Civil Writ Jurisdiction Case No.1240 of 2018 ====================================================== Sanjay Kumar, son of Late Phuldeo Prasad, Resident of Village- Maldah, P.S.- Barbigha, District- Sheikhpura.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

The Secretary, Prohibition, Excise and Registration Department, Government of Bihar, Patna.

3.

The Special Secretary, Prohibition, Excise and Registration, Government of Bihar, Patna.

4.

The Commissioner of Excise and Prohibition Department, Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

For the Respondent/s :

Mr. Manish Dhari Singh, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 04-02-2021 The instant Letters Patent Appeal has been filed against the judgment dated 26th of June, 2018 passed by a learned Single Judge of this Court in C.W.J.C. No. 1240 of

Patna High Court L.P.A No.926 of 2018 dt.04-02-2021 2/3 2018, titled as Sanjay Kumar Vs. The State of Bihar & Ors. On 29th of January, 2021, we had passed the following order:

"Sri Manish Dhari Singh, learned counsel for the respondents, submits that the present appeal has become infructuous inasmuch as the impugned order stands complied with. Disciplinary proceedings stands concluded and action taken against the delinquent officer.

As such, the officer has to challenge the said order by way of another proceeding.

Despite repeated calls, none appears on behalf of the appellant.

In the interest of justice, we adjourn the matter.

List on 04.02.2021 in the category of "Order Matters".

Even today, despite repeated calls, none has entered appearance on behalf of the appellant.

As such, we close the present proceedings, for we find the appeal to have become infructuous.

The instant Letters Patent Appeal stands disposed of reserving liberty to the appellant to take recourse to such alternative remedies as are available under law, including reviving the preset appeal, if the need so arises.

Patna High Court L.P.A No.926 of 2018 dt.04-02-2021 3/3 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/P.K.P AFR/NAFR CAV DATE Uploading Date 05.02.2021 Transmission Date