IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1541 of 2009 SURYA NARAYAN PRASAD Versus THE STATE OF BIHAR & ORS ----------- 7. 23.4.2009 Heard learned counsel for the petitioner and the State. While counsel for the petitioner seeks to raise issues of lack of jurisdiction in the authority issuing the impugned order, he finds it difficult to answer the issue of fact at Paragraph 9 of the impugned order that in fact there was no application by him and thus the question of calling him for counselling does not arise, which has not been denied in the pleadings of the writ application. Learned counsel prays for leave to withdraw the application to move the appellate authority to agitate these issues of fact. It is made clear that any application by the appellate authority shall be required to be decided of issues of fact and law raised on behalf of the petitioner and it shall not proceed on any assumption with regard to issue of law merely because this Court declined to go into that question at this stage. Let the appellate authority dispose off any such application in accordance with Rule 2 of the notification creating it specifying the time for disposal of such application by a reasoned and speaking order after hearing all concerned. P. Kumar (Navin Sinha, J.)