Patna High CourtL.P.A/1059/2017dismissed

Mithlesh Yadav v. The State Of Bihar And ORS

2018-10-04Mr. Justice Ashutosh Kumar,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1059 of 2017 In Civil Review No.487 of 2016 ========================================== Mithlesh Yadav, S/o Sri Amrit Yadav , R/o Village Chanpi, P.O. Sri Rampur, P.S. Sherghati, Distt.- Gaya.

... ... Appellant/s

Versus

1. The State of Bihar

2. The Principal Secretary, Human Resource Department, Govt. of Bihar, Patna.

3. The Director, Secondary Education, Govt. of Bihar, Patna.

4. The Director, Primary Education, Govt. of Bihar, Patna.

5. The District Magistrate, Gaya.

6. The District Superintendent of Education, Gaya, Distt.- Gaya.

7. The Block Education Officer, Sherghati, Distt.- Gaya.

8. The Block Development Officer, Sherghati Block, Distt.- Gaya.

9. The Panchayat Secretary, Gram Panchayat Raj Chanpi, Block Sherghati, Distt.- Gaya.

10. The Mukhiya, Gram Panchayat Raj Chanpi, Block Sherghati, Distt.- Gaya.

11. The Member, District Teacher Appointment Appellate Authority, Gaya.

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

For the Appellant/s : Mr. Shashi Bhushan Kumar, Adv. For the Respondent/s : Mr. Ashutosh Ranjan Pandey- AAG-15 ========================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-10-2018 The present Letters Patent Appeal has been preferred challenging the impugned order passed by the learned Single Judge rejecting the review application.

Patna High Court LPA No.1059 of 2017(5) dt.04-10-2018 2/2 As per the decision of the Hon'ble Supreme Court in the case of Bussa Overseas and Properties Private Limited and Another Versus Union of India and Another reported in (2016) 4, SCC 696 against the rejection of the review application, the Letters Patent Appeal shall not be maintainable.

Under the circumstances, learned counsel appearing on behalf of the appellant seeks permission to withdraw the present Letters Patent Appeal with a view to take any other remedy which may be available to him challenging the original order passed in the main writ petition.

Permission is, accordingly, granted.

The present Letters Patent Appeal stands dismissed as withdrawn.

(Mukesh R. Shah, CJ) (Ashutosh Kumar, J) Shageer/Praveen U