IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.175 of 2007 THE STATE OF BIHAR & ORS Versus LALLAN PRASAD ----------- For the appellant : Mr. Mithilesh Mowar, J.C. to G.P. XI For the Respondent : Mr. Vikas Mohan, Advocate ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Dr. Ravi Ranjan ------- Dated, the 8th August, 2008. The appeal is admitted. Mr. Vikas Mohan, Advocate waives service for the respondent. 2. Looking to the controversy involved in the appeal, we dispose of the appeal at this stage itself. 3. The counsel for the respondent does not dispute that the present respondent was one of the petitioners in writ petition being C.W.J.C. No.12050 of 1993 (Bihar Agriculture Graduate Service Association and ors. Vs. State of Bihar and ors.). The said writ petition came to be disposed of on 10th January, 1997. Few Letters Patent Appeals came to be filed from the said decision and the Division bench dismissed the appeals as well on 21st May, 2008. The Bihar Agriculture Graduate Service Association, its members including the petitioner having failed in the earlier writ petition, we find no justification in sustaining the order dated 11th May, 2006 - 2 - whereby writ petition filed by the petitioner (C.W.J.C. No. 2527 of 2002) has been allowed. 4. The order dated 11th May, 2006 passed by the Single Judge, if allowed to stand, would be inconsistent with the order of Division Bench passed on 21st May, 2008 in L.P.A. No. 166 of 1997 (Bihar Agriculture Graduate Service Association and ors. Vs. State of Bihar and ors. ) and other connected matters. We, consequently, allow this appeal and set aside the order dated 11th May, 2006. The respondent’s case shall stand governed by the decision of the Division Bench dated 21st May, 2008, as afore-referred. 5. No order as to costs. R. M. Lodha, CJ Dr. Ravi Ranjan,J. Anil/