Seema Kuar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1178 of 2018 In Civil Writ Jurisdiction Case No.4242 of 2015 ====================================================== Seema Kuar W/o Late Pramod Singh, R/o Village-Mohini, P.S.-Bikramganj, District-Rohtas at Sasaram.

... ... Appellant/s

Versus

1.

The State Of Bihar and Ors 2.

The Director, Integrated Child Welfare Scheme Department of Social Welfare, Bihar, Patna.

3.

The Statistical Officer, Integrated Child Welfare Scheme Department of Social Wekfare, Bihar, Patn 4.

The Statistical Officer, Integrated Child Welfare Scheme Department of Social Wekfare, Bihar, Patn 5.

The Deputy Director, Kalyan Patna Division, Patna. 6.

The Child Development Project Officer, Block-Bikremganj, District-Rohtas, Sasaram. null null 7.

Shakuntala Kumari, W/o Vijay Kumar, R/o Village-Mohini Pokhra, P.O.- Shivpur, P.S.-Bikramganj, District-Rohtas.

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

For the Appellant/s :

Mr.Deepak Kumar Sinha, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha Ga 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 25-04-2023 Re: I.A. No. 01 of 2020 Heard I.A. No. 01 of 2020 for condonation of delay in filing LPA. For the reasons stated in the application and affidavit, delay of 1 year and 147 days in filing LPA is condoned in the interest of litigant. Accordingly, I.A. No. 01 of 2020 stands allowed.

Patna High Court L.P.A No.1178 of 2018(11) dt.25-04-2023 2/2

2. The appellant earlier filed LPA No. 572 of 2017. Learned Counsel Mr. Rakesh Kumar Singh withdrew the appeal and it was dismissed as not pressed. No liberty has been given to file fresh LPA.

3. On the other hand, in the present LPA No. 1178 of 2018 in pleadings it is stated that appellant - Seema Kaur's consent was not obtained before withdrawal of the earlier LPA No. 572 of 2017. In such circumstances remedy is for filing review application in LPA No. 572 of 2017 in accordance with law and not fresh Letters Patent Appeal. Moreover, no liberty has been given to file fresh Letters Patent Appeal.

4. Therefore, the present LPA No. 1178 of 2018 stands dismissed, reserving liberty to the appellant to file Civil Review Application in LPA No. 572 of 2017 decided on 25.04.2018, in accordance with law. Pending I.As, if any, stands disposed of. (P. B. Bajanthri, J) ( Arun Kumar Jha, J) abhishekkr/- U