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Patna High CourtL.P.A/1267/2015withdrawn

Arvind Tiwari And ANR v. The Secretary, Bihar Staff Selection Commission And ANR

2016-10-28Mr. Justice Ahsanuddin Amanullah,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No. 1267 of 2015 Arising out of Civil Writ Jurisdiction Case No. 4472 of 2013 ======================================================

1. Arvind Tiwari, Son of Sri Sudama Tiwari, Resident of Satyendra Nagar, Near Shiv Mandir, G.T. Road, Aurangabad, Police Station- Aurangabad, District- Aurangabad.

2. Md Sazid, Son of Rafique Ahmad, Resident of Village- Bhansasur, P.O.- Rafiganj, P.S.- Rafiganj, District- Aurangabad .... .... Petitioner/s / Appellant/s

Versus

1. The Secretary, Bihar Staff Selection Commission having office at near Veterinary College, Patna- 800014.

2. The Chairman, Bihar Staff Selection Commission having Office at Near Veterinary College, Patna-800014.

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

For the Appellant/s :

Mr. Dinu Kumar , Ms. Ritika Rani, Mr. Ritu Raj, Mr. Deepak Kumar & Mr. Arvind Kumar Sharma, Advocates For the S.S.C.

:

Mr. Kamala Kant Upadhyay & Mr. Chandra Bhushan Das, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) 28-10-2016 The order dated 30th September, 2013 is subject matter of challenge in the present appeal. As a matter of fact, vide the said order; the appellants have withdrawn the writ application in view of the decision of the learned single Bench in C.W.J.C. No. 3640 of 2013 (Dhananjay Kumar Mishra & Ors. Vs. The Bihar State Selection Commission & Ors.) decided on

Patna High Court LPA No.1267 of 2015 (2) dt.28-10-2016 2/2 20th August, 2013. Since the writ application has been withdrawn, we do not find that the appellants can be permitted to file appeal against the order of withdrawal of the writ application. The Letters Patent Appeal is dismissed as not maintainable.

(Hemant Gupta, J.) (Ahsanuddin Amanullah, J.) Anand Kr.

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