IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1032 of 2010 IN CWJC No. 7701 of 2010 THE CHIEF EXECUTIVE OFFICER, Cantonment Board Office, Danapur Cantonment, Danapur, P.S.- Danapur Cantt., Distt.- Patna … (Respondent No. 4 in the writ petition) Appellant. Versus 1. KAMESHWAR PATHAK, S/O LATE BRAJ BILLASH PATHAK, R/O SHIV MANDIR ROAD, ANAND BAZAR, P.S.- DANAPUR CANTT., DISTT.- PATNA (Petitioner in the writ petition) …………………………………….. Respondent 1st Set, 2. THE UNION OF INDIA, THROUGH THE DIRECTOR GENERAL DEFENCE ESTATE, MINISTRY OF DEFENCE, RAKAHS SAMPADA BHAWAN, PALAM ROAD, NEW DELHI- 110310 (Respondent No. 1 in the writ petition) 3. THE PRINCIPAL DIRECTOR, CENTRAL COMMAND, DEFENCE ESTATE, MINISTRY OF DEFENCE, KARIAPPA ROAD, LUCKNOW (U.P.) (Respondent No. 2 in the writ petition) ……… Respondents IInd Set 4. COMMANDENT JOB, SUB AREA, DANAPUR CANTT., P.S. DANAPUR, DISTT.- PATNA (Respondent No. 3 in the writ petition) …………………………………….. Respondent IIIrd Set. ================================================ Appearance: MR. DHIRANJAN KUMAR SINHA, Advocate for the appellant. ================================================ CORAM : HON’BLE THE CHIEF JUSTICE AND HON’BLE MR JUSTICE S.K. KATRIAR ------------- Date : 13.07.2010 ------------- ORAL ORDER (PER : HON’BLE MS JUSTICE R.M. DOSHIT, CJ) - 2 - This Appeal under Clause 10 of the Letters Patent is preferred by the Chief Executive Officer, Cantonment Board Office, Danapur Cantonment, Danapur against the order dated 03.05.2010 made by the learned single Judge in the above CWJC No. 7701 of 2010. The grievance of the learned Advocate Mr Dhiranjan Kumar Sinha appearing for the appellant is that the order has been made without affording an opportunity of hearing to the respondents. Learned Advocate for the appellant states that though the order has been made ex parte, as no mandamus has been issued against the appellant, the appellant seeks leave to withdraw this Appeal. Leave is granted. The Appeal is dismissed as withdrawn. Dilip ( R.M. Doshit, CJ ) ( S.K. Katriar, J )