Devendra Rajak And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.764 of 2016 In Civil Writ Jurisdiction Case No. 16366 of 2015 ======================================================

1. Devendra Rajak Son of Late Chhotan Rajak, resident of VillageRatanpura, P.O. Dariyapur, District- Nalanda.

2. Rajendra Prasad Choudhary, age-58 years, Son of Late Devi Choudhary, resident of Mohalla- Raushan Vihar, Colony Bailey Road, P.S. Danapur, District- Patna at presnt posted as Engineer-in-Chief, Building Construction Department, Government of Bihar.

3. Virendra Kumar, Son of Sri Baleshwar Das, Village- Singhaul, P.O. Ulaw, District- Begusarai.

4. Harikeshwar Ram Son of Sri Harinandan Ram, at + P.O. Gidha, P.S.- Koilwar, District- Bhojpur.

5. All India Federation of Schedule Caste, Schedule Tribe, Backward and Minorities and Employees Welfare Association, New Delhi (In Short SCEWA STAMB) through its Pesident of Bihar State Unit namely Harikeshwar Ram, son of Sri Harinandan Ram, At + P.O. Gidha, P.S. Koilwar, District- Bhojpur.

6. Narendra Kumar, State General Secretary, All India Confederation of SC/ST Organization, Bihar State Unit, Son of Narayan Choudhary, Resident of Village Sikandrapur, Post Shahpur, Danapur Cant, Dist. Patna.

.... .... Appellant/s

Versus

1. The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna.

2. Principal Secretary, Home Department, Government of Bihar, Patna. 3.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

4. Secretary, Home (Special) Department, Government of Bihar, Patna.

5. Additional Secretary cum Director (Administration), Directorate of Prisons and Correctional Services, Home Department, Government of Bihar, Patna.

6. Inspector General of Prisons and Correctional Services, Bihar, Patna.

7. Birendra Kumar Rai, Son of Late Dev Narayan Rai, Resident of Village Magrauna, P.O. Gonauli, P.S. Andhardadi, Dist. Madhubani.

8. Ashok Kumar Singh, Son of Late Ram Kishun Singh, resident of At & P.O. Rajauli, Dist. Nawada.

9. Sanjay Kumar, son of Late Rameshwar Prasad, Resident of Mohalla Rikabganj, P.O. and P.S. Tekari, Dist. Gaya.

10. Sunil Kumar Maurya, Son of Late Nathuni Prasad, Resident of Village Akauna, P.O. Sherghati, Dist. Gaya. .... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Dinu Kumar, Advocate Mr. Rajesh Kumar Singh, Advocate For the Respondent/s : Mr. Prabhat Kr.Singh, Sc12 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE )

Patna High Court LPA No.764 of 2016 (3) dt.05-05-2016 05-05-2016 Heard Mr. Dinu Kumar, learned Counsel for the appellants, and Mr. Prabhat Kumar Singh, learned S.C. 12, appearing for the State respondents.

Learned Counsel for the appellants seeks permission to withdraw this Letters Patent Appeal with liberty to the appellants to challenge the legality of the order, bearing Memo No. 4800, dated 01.04.2016, which is annexed as Annexure-12 to I.A.No. 3123 of 2016, before this Court. To the submissions so made, no objection has been raised on behalf of the respondents.

In view of the above and in the interest of justice, this Letters Patent Appeal is hereby disposed of as withdrawn with liberty granted to the appellants to challenge the legality of the order, bearing Memo No. 4800, dated 01.04.2016, which is annexed as Annexure-12 to I.A.No. 3123 of 2016 before this Court.

(I.A. Ansari, ACJ) (Navaniti Prasad Singh, J) A.I./- U