Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1081 of 2020 In Civil Writ Jurisdiction Case No.20022 of 2018 ====================================================== Mohan Kumar Son of Late Jago Choudhary Resident of Kagaji Mohalla P.S. Biharsharif, District Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Registration, Excise and Prohibition Department, Bihar, Patna.

2.

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

3.

The Deputy Secretary Registration, Excise and Prohibition Department, Bihar, Patna.

4.

The Additional Secretary Registration, Excise and Prohibition Department, Bihar, Patna.

5.

The Assistant Inspector General of Registration, Excise and Prohibition Department, Bihar, Patna.

6.

The Assistant Inspector General of Registration, Tirhut Division, Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar :

Mr.Kundan Kumar For the Opposite Party/s :

Mr.Vikash Kumar (SC 11) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-02-2021 By an order dated 05.03.2020 passed in C.W.J.C. No. 20022 of 2018, the petitioner's writ application was dismissed as withdrawn.

The records suggest that a mentioning slip was filed on behalf of the petitioner on 06.02.2020 seeking withdrawal of the writ application as, according to the petitioner, he was orally assured by the respondents that his grievance would be

Patna High Court MJC No.1081 of 2020(2) dt.17-02-2021 2/2 considered.

The only difficulty which the petitioner is presently facing because of the said order dated 05.03.2020 is that since the writ application has been dismissed as withdrawn without any liberty having been sought or granted for the petitioner to approach this Court again, cannot approach this Court again for the relief sought in the writ petition in the absence of liberty granted by this Court, though, despite assurance given by the respondents, his case is not being considered by them. On perusal of the order dated 05.03.2020, it transpires that this Court had not at all gone into the merits of the case. In the given situation it is observed that the petitioner shall be at liberty to approach this Court if any fresh cause of action arises. This application stands disposed of with the aforesaid observation.

(Chakradhari Sharan Singh, J) AKASH/- U