IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.395 of 2009 In (CIVIL REVIEW 144/2007) Nand Lal Sah, S/o Sohari Sao, resident of Mohalla- Maharajganj, P.S.- Alamganj, District- Patna ….. Petitioner/Appellant Versus 01. The State Of Bihar 02. The Commissioner-Cum-Secretary, Finance Department, Government of Bihar, Main Secretariat, Patna 03. Director, Treasury Accounts-Cum-Additional Secretary, Government of Bihar, Treasury and Accounts Directorate, Finance Department, Main Secretariat, Patna ….. Respondents/Respondents ---------------------------------- 05. 14.09.2011 This L.P.A. arises out of the order dated 26.11.2008 passed by the learned Single Judge in Civil Review No. 144 of 2007 dismissing the writ petition on the ground that the petitioner has not sought leave of this Court before filing of the writ petition as earlier the L.P.A. arises out of the order dated 31.1.1997 in C.W.J.C. No. 913 of 1997 has been withdrawn before the Division Bench on the ground that the State is taking steps to constitute the State Administrative Tribunal. But however, the learned counsel for the appellant has argued that as the said State Administrative Tribunal is not functioning even today, there is no remedy open to the appellant except filing of the writ petition, hence, the writ petition cannot be dismissed only on the 2 ground that he has not sought leave of this Court. Learned counsel for the State is agreed that the State Administrative Tribunal is not functioning even today, therefore, we are of the opinion that the appellant is perpetuating right is saying that the remedy is open to him before this Court. Under the above circumstances, order of the learned Single Judge is set aside and matter is remanded to the learned Single Judge to here the matter afresh in accordance with law. With the above observation, this L.P.A. stands allowed. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)