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Patna High CourtL.P.A/278/2021disposed

Tarkeshwar Pandit v. The State Of Bihar

2021-10-22The Chief Justice -,Mr. Justice Rajan Gupta3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.278 of 2021 In Civil Writ Jurisdiction Case No.5188 of 2020 ====================================================== Tarkeshwar Pandit Son of Rampratap Pandit Resident of Ward No. 03, Fatehpur Wala, Police Station- Fatehpur, District- Samastipur, presently posted as the Principal of the Deo Chand College, Hajipur (Vaishali). ... ... Appellant/s

Versus

1.

The State of Bihar through the Secretary, Backward and Extremely Backward Class Welfare Department, Govt. of Bihar, Patna. 2.

The Principal Secretary, Backward and Extremely Backward Class Welfare Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Vaishali at Hajipur. 4.

The Sub- Divisional Officer, Hajipur.

5.

The District Welfare Officer, Hajipur.

6.

The Circle Officer, Hajipur.

7.

The Sub- Divisional Welfare Officer, Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Binay Kumar Singh, Advocate Mr. Jitendra Kumar, Advocate Ms. Remy Kumari, Advocate For the Respondent/s :

Mr. Sarvesh Kumar Singh, AAG-13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJAN GUPTA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) ======================================================= Date : 22-10-2021

Patna High Court L.P.A No.278 of 2021 dt.22-10-2021 2/3 Heard learned counsel for the parties.

The present Letters Patent Appeal has been preferred against the judgment dated 10.02.2021 passed by a learned Single Judge of this Court in C.W.J.C. No. 5188 of 2020, titled as Tarkeshwar Pandit Vs. The State of Bihar & Ors. The operative part of the impugned judgment dated 10.02.2021 is reproduced as under:- "The learned counsel for the petitioner, at the outset, seeks liberty to enable the petitioner to approach the District Magistrate, Vaishali at Hajipur for redressal of his aforesaid grievances, however it is submitted that appropriate time frame may be fixed for disposal of the representation of the petitioner.

Having regard to the facts and circumstances of this case, I deem it fit and appropriate to dispose off the present writ petition with liberty to the petitioner to file appropriate representation before the learned District Magistrate, Vaishali at Hajipur i.e. the respondent no.3, within a period of four weeks from today which shall be disposed off by the respondent no.3 within a period of eight weeks thereafter."

The appellant restricted his prayer before the learned Single Judge, and as such, the petition was disposed of. We find the present appeal to be totally misconceived and not maintainable.

Patna High Court L.P.A No.278 of 2021 dt.22-10-2021 3/3 As such, the instant Letters Patent Appeal stands dismissed.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Rajan Gupta, J) P.K.P./Amrendra AFR/NAFR CAV DATE Uploading Date 26.10.2021 Transmission Date