The State Of Bihar And Ors vs Shambhu Prasad Gupta And Ors
2021 Latest Caselaw 1562 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.1260 of 2018
                                           In
                    Civil Writ Jurisdiction Case No.1822 of 2016
     ======================================================

1. The State of Bihar through District Magistrate, Gopalganj

2. Additional Collector, Gopalganj

3. Deputy Collector, Establishment, Gopalganj

... ... Appellant/s

Versus

1. Shambhu Prasad Baitha, Son of Shivshankar Baitha, Residence of village -

Chhapia, Ward No. 12, P.S. Gopalganj, District - Gopalganj.

2. Sanjay Kumar Gupta, S/o Arun Kumar Gupta, Residence of village -

Hansraipur, P.S. Ekma, District - Saran.

3. Satyanand Rajak, Son of Siyanand Baitha, Residence of village - Manikpur, P.S. Distt. - Gopalganj.

4. Najare Imam, Son of Safdar Ali, Residence of village - Jangalia Ward No. 9, P.S. District - Gopalganj.

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

For the Appellant/s : Mr. P. K. Verma, AAG 3 For the Respondent/s : Mr. Rajendra Narain, Sr. Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 19-03-2021

The challenge is to the order dated 13.12.2017

passed in C.W.J.C. No.1822/2016 (Shambhu Prasad Baitha &

Ors. Versus the State of Bihar & Ors.).

We dispose of the present appeal upholding the

direction issued by the learned Single Judge to the extent of

consideration of petitioners' case on merits. However, we clarify Patna High Court L.P.A No.1260 of 2018 dt.19-03-2021

that the authority shall do so, as per the rules and settled

principles of law, more so, the judgment rendered by this Court

in C.W.J.C. No.10444 of 2005, titled as Shankar Singh & Ors.

Vs. The State of Bihar & Ors., as also by the Hon'ble Supreme

Court in S.L.P. (C) No.17478 of 2010, titled as Nandjee Manjhi

& Ors. Vs. State of Bihar & Ors., uninfluenced by any

observation made in the impugned judgment.

(Sanjay Karol, CJ)

( S. Kumar, J)

Sanjay/-

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