Rajendra Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No. 1828 of 2017 In Civil Writ Jurisdiction Case No. 20212 of 2013 ====================================================== Rajendra Prasad, son of Late Ram Kishun Ram, resident of MohallaMirchaibari, Ward No. 4, Katihar, P.S. Katihar, District- Katihar. ... ... Appellant

Versus

1.

The State of Bihar 2.

The Commissioner, Purnea Division, Purnea.

3.

The District Magistrate, Katihar.

4.

The Additional Collector-cum- Enquiry Officer, Katihar. 5.

The Establishment Deputy Collector, Katihar.

6.

The District Panchayat Raj Officer, Katihar- cum- Presenting Officer. ... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr. Siya Ram Shahi, Advocate For the Respondent/s :

Mr. Sanjay Kumar Ghosarvey, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 6.

08-01-2020 Heard learned counsel appearing for the appellant as well as learned counsel appearing for the State. No counter affidavit has been filed on behalf of the State, however; the learned counsel for the State seeks more time to file counter affidavit, but we are of the view that this appeal can be decided even in want of counter affidavit. Learned counsel for the appellant submits that the appellant filed writ petition on several grounds, but the learned

Patna High Court L.P.A No.1828 of 2017(6) dt.08-01-2020 2/2 Single Judge confined him towards only one ground and as a matter of fact, the appellant had raised several other points before the learned Single Judge, but the aforesaid points were not considered by the learned Single Judge.

In view of the aforesaid submissions, in our view, the appellant ought to have preferred review petition before the learned Single Judge, because there is nothing on the record in support of contention of learned counsel for the appellant. Accordingly, this appeal stands dismissed.

However, the appellant may file review petition before the learned Single Judge.

(Hemant Kumar Srivastava, J.) ( Prabhat Kumar Singh, J.) anay U