1 2025:CGHC:22110-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 335 of 2025 Vinod Kumar Yadav S/o Late Charan Singh Yadav Aged About 48 Years R/o Vikas Chowk, Khan Gali, Bhandari Para, Kanker, District - Kanker (C.G.) ... Appellant versus 1 - Gajanand Sahu S/o Late Shri Moti Ram Sahu Aged About 51 Years R/o Sidhi Vinayak Colony, Kailash Pati Nagar, Rudri Road, Dhamtari, District - Dhamtari (C.G.) 2 - State Of Chhattisgarh Through Secretary, Department Of Women And Child Development, Mahanadi Bhawan, Mantralaya, Post Office And Police Station- Nava Raipur, District - Raipur (C.G.) 3 - Director Directorate Of Women And Child Development, Indrawati Bhawan, Naya Raipur, Post Office And Police Station- Nava Raipur, District - Raipur (C.G.) 4 - State Child Protection Committee, Chhattisgarh Indrawati Bhawan, Naya Raipur, Post Office And Police Station- Nava Raipur, District - Raipur (C.G.) ...Respondents (Cause-title taken from Case Information System) For Appellant : Mr. Varun Sharma, Advocate For Respondent/State : Mr. Y.S. Thakur, Additional Advocate General YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.05.20 16:11:54 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Amitendra Kishore Prasad, Judge Order on Board Per Ramesh Sinha , Chief Justice 20.05.2025 1. Heard Mr. Varun Sharma, learned counsel for the appellant. Also heard Mr. Y.S. Thakur, Additional Advocate General, appearing for the State/respondents No.2 to 4. 2. Heard on I.A. No.02, which is an application for condonation of delay of 71 days has been filed by the appellant. 3. For the reasons assigned in the application (I.A. No.02), the same is allowed. Delay in filing the instant appeal is hereby condoned. 4. The present intra Court appeal has been filed by the appellant against the order dated 15.01.2025 passed by the learned Single Judge in WPC No. 4536 of 2024 (Gajanand Sahu v. State of Chhattisgarh and others), whereby the learned Single Judge has allowed the writ petition filed by respondent No. 1/writ petitioner. 5. Learned counsel for the appellant submits that he has not been made a party respondent before the learned Single Judge and he is interested party in the said case. He further submits that there is non- joinder of necessary party in the writ petition and without hearing as well as without making him a party, impugned order was passed, which is 3 not sustainable in the eyes of law, as such, the impugned order dated 15.01.2025 passed in WPC No. 4536 of 2024, be set-aside. 6. At this stage, learned counsel for the appellant submits that he may be permitted to withdraw this writ appeal with the liberty to take recourse of law before the learned Single Judge. 7. Learned State counsel has no objection. 8. In view of the submission made by the learned counsel for the appellant, the present writ appeal is dismissed as withdrawn with the aforesaid liberty, as prayed for. 9. In view of the above, I.A. No.03, application for urgent hearing and I.A. No.04, application for hearing during summer vacation, stand disposed of. Sd/- Sd/- (Amitendra Kishore Prasad) (Ramesh Sinha) Judge Chief Justice Yogesh