Patna High CourtL.P.A/1635/2013disposed

The State Of Bihar And ORS v. Awadesh Singhand ANR

2017-03-07Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1635 of 2013 IN Civil Writ Jurisdiction Case No. 2965 of 2009 ===========================================================

1. The State Of Bihar

2. The Sub Divisional Officer, At Neem Chak Bathani, District Gaya

3. Anchal Adhikari, Atri Anchal, District Gaya

4. Umesh Singh Son Of Murari Singh Resident Of Village - Basar, P.S. Atri, District Gaya .... .... Appellant/s

Versus

1. Awadesh Singh Son Of Late Mathura Singh Resident Of Village Basher, P.O. - Arai, P.S. - Atri, District Gaya

2. Bankey Singh Son Of Late Mathura Singh Resident Of Village Basher, P.O. - Arai, P.S. - Atri, District Gaya .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Manish Kumar For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 07-03-2017 The present appeal is now required to be disposed off and the delay of 16 days would be required to be condoned. I. A. No. 8940 of 2013 is allowed in the background that the order and direction issued by the Learned Single Judge in his order, dated 09.10.2013 in C. W. J. C. No. 2965 of 2009 has now been set aside in an appeal, filed by one Md. Nayyer Iqbal, who was the then Subdivisional Officer, Neemchak, Bathani, in the district of Gaya. Since the direction to initiate departmental action against the said SDO has been set aside, the present appeal is also

Patna High Court LPA No.1635 of 2013 dt.07-03-2017 2/2 required to be disposed off with the observation that the decision of the Division Bench rendered in L. P. A. No. 142 of 2014, decided on 03.09.2014, shall govern the issue now.

Appeal is disposed off, accordingly.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) SKM/- AFR/NAFR N.A.F.R.

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