Harinandan Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.407 of 2018 In Civil Writ Jurisdiction Case No.278 of 2016 ====================================================== Harinandan Yadav Son of Late Ram Lakhan Yadav Resident of Quarter No. 183/800, P.S. Shastri Nagar, District- Patna ... ... Appellant/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna

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

3. The Chairman, Grievance Redressal Committee, General Administration Department, Government of Bihar

4. The Deputy Secretary, General Administration Department, Government of Bihar, Patna.

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

For the Appellant/s :

Mr. Ashok Kumar Choudhary, Advocate Mr. Prakash Kumar, Advocate For the Respondent/s :

Mr.P.K.Verma -AAG-3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 16-01-2019 After having heard learned counsel for the appellant at length we find that there was an error in the moving of a writ petition without a prayer for the relief of a certiorari to quash the order dated 7th August, 2014.

In the absence of any such relief, the judgment of the learned Single Judge cannot be held to be erroneous. Learned counsel urged that the relief could have been moulded by the Court in order to meet the ends of justice

Patna High Court LPA No.407 of 2018 dt.16-01-2019 2/2 keeping in view that such reliefs have been granted by this Court particularly in the case of Mahesh Prasad Singh and others Vs. The State of Bihar and others (C.W.J.C. No. 1016 of 2016) decided on 2nd of January, 2019. The said judgment has been delivered later on but at the same time we do not find that any such prayer being made before the learned Single Judge or even in the appeal itself.

Learned counsel submits that the appellant may be permitted to mould the relief accordingly or seek review of the judgment dated 29th January, 2018 on the ground of mistake of counsel.

The said liberty to seek review as may be permissible in law is granted. The appeal is consigned to records with the aforesaid liberty.

(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) P.K.P./-Jagdish AFR/NAFR CAV DATE Uploading Date 21.01.2019 Transmission Date