Citation : 2021 Latest Caselaw 3809 Patna
Judgement Date : 29 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.273 of 2020
In
Miscellaneous Jurisdiction Case No.4376 of 2018
======================================================
Amar Deep Paswan alias Aman Deep Paswan Son of Sri Yogendra Paswan Resident of Mohallah- Bela Asthan, P.O.- L.N.M.U. Campus Darbhanga, District- Darbhanga. Presently posted as Executive Engineer, Water Resources Department, Saharsa (Bihar).
... ... Appellant/s Versus
1. Sri Yogendra Narayan Singh Son of Late Raghu Nandan Singh Resident of Village- Gamali, P.S.- Uda Kishanganj, District- Madhepura.
....opposite party 1st set- respondent 1st set
2. The State of Bihar through the Collector, Madhepura.
3. The Engineer-in-Chief-cum-Special Secretary, Water Resources Department, Government of Bihar at Patna.
4. The Chief Engineer, Kosi Project, At and P.O. and P.S.- Birpur, District-
Supaul.
5. The Superintending Engineer, Drainage Circle, At and P.S. and District-
Saharsa.
Opposite party II nd set - respondent II nd set ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Dhanendra Chaubey, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG 4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)
Date : 29-07-2021 Heard the parties.
This LPA has been filed for setting aside the order
dated 19.02.2020 passed in M.J.C. No.4376 of 2018 (arising out
of C. Mis. No.892 of 2017) passed by learned Single Judge by
which learned Single Judge dismissed the modification petition.
Patna High Court L.P.A No.273 of 2020 dt.29-07-2021
It is submitted by learned counsel for the State that
original order dated 28.08.2018 was passed by learned Single
Judge in C. Mis. No.892 of 2017 under Article 227 of
Constitution of India against which no LPA was maintainable
and appellant filed a modification petition for modification of
said order being MJC No.4376 of 2018 which was dismissed by
order dated 19.02.2020 against which present LPA has been
preferred which is not maintainable.
LPA is dismissed as not maintainable.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 30.07.2021 Transmission Date NA
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