Gopal Ji Mishra vs Bijendra Prasad

Sangam Kumar Sahoo, CJ

This Letters Patent Appeal has been filed by the appellants against the order dated 14.07.2025 passed by a learned Single Judge of this Court in C.W.J.C. No. 10814 of 2025.

The appellants were not the party in the writ petition which was filed by one Bijendra Prasad @ Vijendra Prasad, Respondent No. 1 herein. While disposing of the writ petition, a simple direction was issued to the Circle Officer, Buxar to act upon Annexure-P5 to the writ petition in accordance with law within a period of six weeks from the date of receipt of the order without being prejudiced by the order of this Court; and Annexure-P5 is nothing but a notice issued by the Circle Officer, Buxar dated 08.07.2023.

Learned counsel for the appellants submits that since similar notice is also the subject matter of a writ petition which has been filed by the appellants before this Court, the petitioner in C.W.J.C. No. 10814 of 2025 should have brought this matter to the notice of the learned Single Judge and the appellants should have been offered opportunity of hearing.

We do not find any substance in the submission of the learned counsel for the appellants, inasmuch as, there is neither any averments pertaining to filing of any writ petition against the notice dated 08.07.2023 by the appellants nor such ground has been taken in the Letters Patent Appeal in that respect. Moreover, we do not find any perversity in the order of the learned Single Judge by issuing a direction to the Circle Officer, Buxar to act upon Annexure-P5.

Accordingly, this Letters Patent Appeal, being devoid of merit, is dismissed.

Interlocutory Application(s), if any, shall also stand disposed of.

It is open to the appellants to appear before the Circle Officer, Buxar and it is expected that the Circle Officer, Buxar shall pass the final order after hearing all the aggrieved parties.