IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.171 of 2008 ABHAY KUMAR SINGH Versus THE STATE OF BIHAR &ORS ----------- For the Appellant : Mr. Satyendra Nr. Singh, Adv. For the Respondent : Mr. Prasoon Sinha, G.A.-3 -------------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --------- Dated, the 1st July, 2008. Appeal is admitted. 2. Mr. Prasoon Sinha waives service of respondents. 3. In view of the short controversy involved in the appeal, we dispose of the appeal at this stage itself. 4. Counsel for the State does not dispute that the writ application (C.W.J.C. No. 10896 of 2000) was listed before two Benches of this Court on 3.1.2008. If that be so, there is merit in the submission of the counsel for the appellant that he was waiting for the case to be called in the Court of Navin Sinha, J., where the writ petition was listed but unfortunately the same matter having been listed before S.K.Katriar, J., was called out and disposed of on merits, in the absence of the appellant (original writ petitioner). 5. In view of this extraordinary fact-situation, we set - 2 - aside the order dated 3.1.2008 and restore the writ application (C.W.J.C. No. 10896 of 2000) to the file of the Single Judge for fresh consideration in accordance with law. 6. Appeal stands disposed of accordingly with no order to cost. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-