Phulendra Kumar vs The State Of Bihar & Ors on 25 July, 2011

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                           LPA No.534 of 2011.
            Against the order dt.11.2.2011 passed in CWJC No.20350/2011.

                                            Phulendra Kumar .
                                                   Versus
                                       The State Of Bihar & Ors .
                                                 -----------

2. 25.07.2011 Heard learned counsel for the appellant, learned counsel

for the State and learned counsel for respondent no.5.

On hearing Mr. Bimlendu Mishra, appearing on behalf

of the appellant, it is noticed that the appellant seeks to controvert the

essential facts recorded in the order of the writ court dated 11 th February

2011 and according to the appellant, no undertaking was given on

behalf of petitioner at the Bar and such facts have been incorrectly

incorporated by the writ court.

In view of such facts we have no hesitation in relegating

he appellant to the writ court so that he may, if so advised, file an

affidavit as to what was the correct fact and seek appropriate remedy.

The appeal is, accordingly, disposed of.

                                                 ( Shiva Kirti Singh,J)



         Jay/                                     ( Shivaji Pandey, J)