Bihar State Council For Child Welfare, Represented Through Its Principal Secretary v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1335 of 2015 Arising out of Civil Writ Jurisdiction Case No. 23545 of 2012 ====================================================== Bihar State Council For Child Welfare, represented through its Principal Secretary, Governor's Secretariat, Bihar, Patna Cum Honorary Secretary, Bihar State Council for Child Welfare, Raj Bhawan, Patna .... .... Appellant/s
Versus
1. The State of Bihar, through the Collector, Bhagalpur.
2. The Administrator - Cum - Special Secretary, Bihar State Council for Child Welfare, Raj Bhawan, Patna.
3. The District Program officer, I.C.D.S. Bhagalpur.
4. The Principal, Anganwadi Training Center, M.I.G. 80, Housing Board Colony, Barari, Bhagalpur 812003.
5. Ramesh Prasad Singh, S/o Late Brajnandan Singh, R/o Village - Sikandarpur, P.S. Jamalpur, Distt.- Mirjapur, Utter Pradesh Presently Posted as Accounts Clerk in Angabari Training Centre, Moh - Bari Mirzapur, P.O. + Distt. - Munger 811201.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant :
Mr. Prabhat Kumar Das, Advocate Mr. Karn Satish Kumar, Advocate For the Respondents-State :
Mr. Suryakant Kumar, AC to GA-8 For the Respondent No.4 :
Mr. Ashok Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLETHE ACTING CHIEF JUSTICE) 27-01-2017 There are inadvertent mistakes in the order dated 16th January, 2017 passed in the present Letters Patent Appeal by
Patna High Court LPA No.1335 of 2015 (5) dt.27-01-2017 2/3 this Court. The same is recalled and substituted with the following order:- "The present Letters Patent Appeal is directed against an order passed by the learned Single Bench of this Court on 2nd May, 2014. The appellant earlier filed Letters Patent Appeal No.1656 of 2014 against the said order, but the same was withdrawn on 16th December, 2014 with liberty to the appellant to approach this Court with appropriate application in future, if so advised, and also to take recourse to such provisions of law as may be permissible. It is thereafter, the present Letters Patent Appeal has been filed against the same impugned order passed by the learned Single Bench.
Learned counsel for the appellant wishes to withdraw the present Letters Patent Appeal with liberty to seek review of the order passed by the learned Single Bench of this Court on 2nd May, 2014 in Civil Writ Jurisdiction Case No.23545 of 2012 (Ramesh Prasad Singh v. The State of Bihar & Ors.) In view of the statement made, the Letters Patent Appeal is permitted to be withdrawn with liberty to seek remedy of review in accordance with law.
However, the grant of liberty shall not be construed as an expression of opinion on merits of controversy. As and
Patna High Court LPA No.1335 of 2015 (5) dt.27-01-2017 3/3 when any review application is filed, it shall be considered in accordance with law."
(Hemant Gupta, ACJ) (Dinesh Kumar Singh, J) Sunil/- U