Harihar Mandal vs The State Of Jharkhand
2024 Latest Caselaw 922 Jhar

Jharkhand High Court

Harihar Mandal vs The State Of Jharkhand on 30 January, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

            IN THE HIGH COURT OF JHARKHAND AT RANCHI

                           L.P.A. No. 627 of 2023

 1. Harihar Mandal, aged about 57 years, S/o Sahdeo Mandal, R/o Village
    Kuruwa, P.O. Fatehpur, P.S. Dumka Town, District Dumka
 2. Nawal Kishor Mandal, aged about 54 years, S/o Sitaram Mandal, R/o Village
    Sigduya, P.O. Bhoktadih, P.S. Dumka Town, District Dumka
 3. Shushil Kumar Mahto, aged about 51 years, S/o Itwari Mahto, R/o Village
    Tumayaha, P.O. Bhatiya, P.S. Dumka Town, District Dumka
 4. Md. Moddeshwar Husain, aged about 44 years, S/o Md. Yakub Husain, R/o
    Village Lakhikundi, P.O. Asansol, P.S. Dumka Town, District Dumka
 5. Ghanshyam Mandal, aged about 48 years, S/o Sahdeo Mandal, R/o Village
    Kadubindha, P.O. Kadubindha, P.S. Dumka Town, District Dumka
 6. Karuna Kumari, aged about 49 years, D/o Nivaran Mandal, R/o Village
    Fatehpur, P.O. Fatehpur, P.S. Dumka Town, District Dumka
 7. Manoj Kumar Modi, aged about 59 years, S/o Rambhagat Modi, R/o Village
    Jamtara, P.O. & P.S. Jamtara, District Jamtara
                                           ...     ...   Appellants/Petitioners
                                    Versus
 1. The State of Jharkhand
 2. The Director, Health Services, Government of Jharkhand, Ranchi, P.O.
    Dhurwa, P.S. Jagganathpur, District Ranchi
 3. The Regional Deputy Director, Health Services, Santhal Pargana Pramandal,
    P.O. & P.S. Dumka Town, District Dumka
 4. The Additional Chief Medical Officer, P.O. Dumka, P.S. Sadar, District
    Dumka                     ...        ...       Respondents/Respondents
 5. Nilesh Kumar, S/o Dwarika Prasad Singh, R/o Village Ghatarsikpur, P.O.
    Fatehpur, P.S. Dumka Town, District Dumka
                       ...        ...       Performa Respondent/Respondent
                                    ---
 CORAM: HON'BLE THE ACTING CHIEF JUSTICE
             HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

                                    ---
 For the Appellant                  : Mr. Lukesh Kumar, Advocate
 For the Respondents                : Mr. Ashwini Bhushan, AC to SC-III
                                    ---
                                                    Dated: 30th January 2024
Per, Anubha Rawat Choudhary, J.

The appellants preferred this Letters Patent Appeal for setting aside the Order/Judgment dated 19th May 2023 passed by the learned writ Court in W.P. (S) No. 902 of 2016, whereby the writ petition filed by the appellants has been dismissed.

2. Mr. Lukesh Kumar, the learned counsel for the appellants submits that on account of subsequent development particularly the order dated 22 nd November 2023 passed in Civil Review No. 28 of 2018, the appellants do not want to pursue this appeal and, accordingly, seeks permission to withdraw this appeal upon instructions from his clients.

3. Civil Review No. 28 of 2018 was filed against the order dated 26 th June 2015 in L.P.A. No. 275 of 2014 and the Civil Review has been dismissed in view of the judgment of the Hon'ble Supreme Court in State of Bihar & Others vs. Devendra Sharma (2020) 15 SCC 466 wherein the Hon'ble Supreme Court has held that recruitment on the basis of forged appointment letters are void ab initio.

4. Mr. Ashwini Bhushan, the learned AC to SC-III has no serious objection to the prayer for withdrawal of this appeal.

5. Considering the aforesaid submissions, the present appeal is dismissed as withdrawn.

(Shree Chandrashekhar, A.C.J.)

(Anubha Rawat Choudhary, J.) Mukul