PATNA, India, Sept. 25 -- Patna High Court issued the following judgment on Aug. 25:
The Appellant has assailed the order of the learned Single Judge dated 02.05.2018 passed in C.W.J.C. No. 17213 of 2017. One of the contention raised by the Appellant is that he has not been heard by the learned Single Judge while passing order on 02.05.2018. In order to ascertain whether notice has been issued to the Appellant in C.W.J.C. No. 17213 of 2017, we have perused the order-sheet of C.W.J.C. No. 17213 of 2017. Writ petition was filed on 22.11.2017, for the first time, it was listed on 02.05.2018, the date on which the Writ petition was allowed without providing opportunity of hearing to the contesting Respondent No. 9 - Md. Sajid Alam, who is Appellant herein. In view of these facts and circumstances, the learned Single Judge has committed error in not hearing the Appellant - Md. Sajid Alam. Accordingly, order of the learned Single Judge dated 02.05.2018 passed in C.W.J.C. No. 17213 of 2017 stand set aside. Whatever the consequential order passed by the official Respondents are directed to cancel, subject to outcome of C.W.J.C. No. 17213 of 2017.
2. C.W.J.C. No. 17213 of 2017 stands restored on the file. Registry is hereby directed to list C.W.J.C. No. 17213 of 2017 before the concerned roster Bench.
3. Accordingly, the present L.P.A. No. 1286 of 2018 stands allowed. Pending I.As., if any, stands disposed of.
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