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Patna High CourtL.P.A/626/2014dismissed

The State Of Bihar And ORS v. Vishwanath Singh

2017-11-02Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.626 of 2014 In Civil Writ Jurisdiction Case No.23839 of 2012 ======================================================

1. The State of Bihar

2. The Principal Secretary, Department of Finance, Government of Bihar, Old Secretariat, Patna null null

3. The Deputy Secretary, Department of Finance, Government of Bihar, Old Secretariat, Patna

4. The Under Secretary-cum-Director (Press), Department of Finance, Government of Bihar, Old Secretariat, Patna

5. The Superintendent, Press and Forms, Gaya Jail Press, Gaya

6. The Deputy Superintendent, Press and Forms, Gaya Jail Press, Gaya ... ... Appellants

Versus

Vishwanath Singh, Son of Late Ram Lakhan Singh, Resident of Village and Post- Chandauti, P.S.- Chandauti, District- Gaya ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr. Shambhu Nath For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date : 02-11-2017 Heard counsel for the State i.e. the appellant. The appeal is dismissed. The Court refuses to interfere with the order dated 05.07.2013 because it is left open to the appellate authorities itself to take a decision on the observation made by the learned single Judge. They are free to decide the matter. If there are certain suppression of facts, which has been submitted at the bar, then the proper remedy should have been a review application instead of an appeal.

Patna High Court LPA No.626 of 2014 dt.02-11-2017 2/2 The appeal has no merit. It is dismissed. The State authorities are free to decide.

(Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) Pawan/- AFR/NAFR N.A.F.R.

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