High CourtsDivision Bench(2025) 01 PAT CK 1697

Dhananjay Kumar vs State of Bihar

Patna High Court · Decided on 7 January 2025

HON’BLE JUDGES
K. Vinod Chandran, CJ · Partha Sarthy, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Jurisdiction Case No.18612 of 2019

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Judgment

8 paragraphs · 258 words

Partha Sarthy, J

1.

Heard learned counsel for the parties.

2.

The appellants have preferred this appeal against the judgment dated 18.12.2019 passed in CWJC no. 18612 of 2019.

3.

CWJC no. 18612 of 2019, CWJC no.19179 of 2019, CWJC no. 19753 of 2019 along with analogous cases was dismissed by the learned Single Judge by a common judgment dated 18.12.2019. LPA no.1183/2023 (arising from CWJC no.18612/2019) and LPA no.303/2020 (arising from CWJC no.2332/2020) were heard together and dismissed by order dated 17.2.2024.

4.

It may be observed here that so far as the appellants of the instant appeal are concerned, they were not a party in the writ application. They have filed the instant appeal without any application for leave as required under the Patna High Court Rules and also have not made the writ petitioners of CWJC no. 18612 of 2019 (from which the instant appeal arises), as parties in the instant appeal.

5.

Further  the  orders  impugned  in  this  appeal  is  a common order in three writ petitions and the appellants have filed only one appeal from one of the writ petitions.

6.

In view of the above, the Court is of the opinion that the appeal is fit to be rejected on each of these grounds, specially non-joinder of necessary parties. We make it clear that we have not dealt with the merits of the impugned judgment and if any appeal is properly instituted then the rejection of this writ petition shall not affect the disposal of that appeal.

7.

The appeal is dismissed.