Nagendra Jha &Amp; Ors vs The State Of Bihar &Amp; Ors on 29 November, 2010

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   LPA No.367 of 2009
     1. NAGENDRA JHA son of Mahendra Narayan Jha, resident of village
         Bahuarwa, P.S. Manigachhi, District- Darbhanga.
     2. Ashutosh Kumar Mishra, son of late Harinath Mishra, resident of village
         Kamalpur, P.S. Raiyam, District- Darbhanga.
     3. Barrister Ram son of Shri Basudeo Ram, resident of village Bargachha, P.S.
         Manjha, District- Gopalganj.
     4. Suraj Nandan Prasad, son of Kishun Ram, resident of village Mairha Tole,
         P.S. Khajekala, District- Patna.
     5. Shiv Kumar Ram son of Late Aitwari Ram, resident of village Sumka, P S.
         Tharthari, District- Nalanda.
     6. Vijay Sharma son of Ram Naresh Sharma, resident of village Moriyama P S.
         Bikram, District- Patna.
     7. Ram Naresh Sharma son of late Raktu Singh, resident of village Chainpur,
         P.S. Naubatpur, District- Patna.
     8. Birendra Thakur son of Purnmasi Thakur, resident of village Almiganj, PS.
         Nasriganj, District- Rohtas.
     9. Ram Bilas Prasad son of late Ram Dhyan Mahto resident of village/ mohalla
         North Mandiri P S. Buddha Colony District- Patna.
     10. Rajendra Kumar Yadav, son of Ram Prasad Yadav, resident of village Baswa,
         PS. Andhratharhi, District- Madhubani.
                                                                ... Petitioners- Appellants.
                                           Versus
     1. THE STATE OF BIHAR, through the Secretary, Personnel and
         Administrative Reforms Department, Govt. of Bihar, Patna.
     2. The Agriculture Produce Commissioner, Bihar, Patna.
     3. The Bihar State Agriculture Produce Marketing Board, through its
         Administrator, Pant Bhawan, Bailey Road, Patna.
     4. The Controller, Bihar Agriculture Produce Marketing Board, Pant Bhawan,
         Bailey Road, Patna.
                                                                 .... Respondents- Ist Set.
     5. Surendra Kumar Singh son of Late Ram Lagan Singh, resident of village
         Kharika Police Station Sonepur, District- Chapra.
     6. Raj Ballabh Singh, son of late Kishun Singh, resident of village Lakhasama
         Police Station Tehta, District- Gaya.
                                                      ..Proforma O.P.- Respondent 2nd Set.
                                          -----------

5. 29.11.2010 When the case has been heard at some length,

learned counsel appearing for the appellants has sought
2

liberty to withdraw this appeal with a liberty to file an

appeal against the order dated 6.2.2008 passed in CWJC

No. 1120 of 2007 on the ground that learned single Judge

of this Court has already held that the similarly situated

petitioners are entitled for regularization.

Accordingly, this appeal is dismissed as

withdrawn with a liberty to file an appeal with a limitation

petition.

( T. Meena Kumari, J.)

Kanchan/Rishi ( Mihir Kumar Jha, J.)