Patna High Court: The Bench of Ashutosh Kumar, J. hearing a civil writ petition challenging the order passed by Division Bench of this Court, held that a petition if not maintainable if liberty to file a review petition has been granted while dismissing the appeal.

Petitioner herein had preferred a writ petition earlier before this Court in relation to discrepancies in evaluation of his answer book, which was rejected. In a letters patent appeal (LPA), the Division Bench of this Court refused to interfere with finding and direction of the learned Single Judge but gave liberty to the petitioner to approach the writ-Court again in review, in case any discrepancies were found in the evaluation of answer-books by him.

The Court opined that in view of the order passed in LPA, the present writ petition ought not to have been filed straightway. On the request of petitioner’s counsel Mr Rajesh Kumar Sharma, the Court permitted him to withdraw this writ petition in order to prefer a review, in case so desired, before the Single Judge Bench.

The petition was disposed of on the aforesaid terms. [Rakesh Kumar v. State of Bihar, 2019 SCC OnLine Pat 213, Order dated 15-02-2019]

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