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2025 DAILYLAW 20780 (PAT)

Lalan Prasad Rai v. The State Of Bihar and Ors

L.P.A/1614/2018 · 2025-09-24

Alok Kumar Sinha

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1614 of 2018 In Civil Writ Jurisdiction Case No.16341 of 2009 ====================================================== Lalan Prasad Rai, Son of Shri Sadhu Sharan Rai, Resident of Village & P.O. Silhauri, P.S. Marhowrah, District- Saran (Chapra). ... ... Appellant Versus 1. The State of Bihar. 2. The Principal Secretary, Personnel Land Administrative Reforms Dept. Govt. of Bihar, Patna. 3. The Secretary, Cabinet, Govt. of Bihar, Patna. 4. The Principal Secretary, Finance Dept. Govt. of Bihar, Patna. 5. The Principal Secretary, Revenue & Land Reforms Dept. Govt. of Bihar, Patna. 6. The Divisional Commissioner, Saran Division at Chapra. 7. The Collector, Saran at Chapra. 8. The District Magistrate Cum Chairman, District Level Appointment Committee, Saran at Chapra. 9. The Sub Divisional Officer, Marhowrah, Dist. Saran. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Shashi Bhushan Kumar, Advocate For the Respondent/s : Mr.Saroj Kumar Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 24-09-2025 Appellant has assailed the order of the learned Single Judge dated 25.06.2018 passed in C.W.J.C. No. 18679 of 2010. 2. Perusal of the same, we find that there is no Patna High Court L.P.A No.1614 of 2018 dt.24-09-2025 2/2 infirmity. However, we are of the tentative opinion that regularization of an employee is a continuing process and continuing cause of action would arise. Therefore, the Appellant has not made out a case so as to interfere with the order of the learned Single Judge dated 25.06.2018 passed in C.W.J.C. No. 18679 of 2010. Be that as it may, Appellant is permitted to file Civil Review before the learned Single Judge. 3. Hon’ble Supreme Court in the case of Ramesh Chandra Sankla and Others versus Vikram Cement and Others, reported in (2008) 14 SCC 58 held that in the absence of liberty granted by the High Court, party can file fresh petition when there is no intention as to abandonment. 4. With the above observation, present L.P.A. No. 1614 of 2018 stands disposed of. manish/- (P. B. Bajanthri, CJ) ( Alok Kumar Sinha, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 27.09.2025 Transmission Date NA