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Patna High CourtC.Misc./449/2017dismissed

Dwijendra Kumar @ Raju v. Most. Sumitra Devi And ANR

2017-07-18Mr. Justice V. Nath2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.449 of 2017 =========================================================== Dwijendra Kumar @ Raju, son of Late Ishwari Prasad, resident of MohallaSadpura, P.S.- Kazimohammadpur, District- Muzaffarpur. .... .... Appellant/s

Versus

1. Most. Sumitra Devi, wife of Late Radha Krishna Sah,

2. Raman Abhuday Kumar, son of Late Radha Krishna Sah, Both 1 and 2 are resident of Mohalla- Rambag Road, Nakulwa Chowk, P.S.- Mithanpura, District- Muzaffarpur.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Ram Naresh Singh, Adv. For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 18-07-2017 Heard learned counsel for the petitioner.

By the impugned order, the Principal Judge, Family Court, Muzaffarpur in Guardian Case No. 08 of 2014 has directed for admission of the wards in D.A.V. school Malighat Muzaffarpur. Learned counsel for the petitioner has submitted that the D.A.V. school to which the direction has been issued for admission of children is not the same D.A.V., but it could not be made clear before this Court that what it means to say that the said school is not the same D.A.V. There is also no material before this Court to accept the submission that according to the petitioner, the said school is not the same D.A.V., and further to show that the school in which the

Patna High Court C.Misc. No.449 of 2017 dt.18-07-2017 children/wards have been directed to be admitted is not an established institution. It has been recorded in the impugned order that the said school is a recognized educational institution. In that view of the matter, this Court declines to exercise its jurisdiction under Article 227 of the Constitution of India.

The present application is, accordingly, dismissed. (V. Nath, J) Devendra/- AFR/NAFR CAV DATE Uploading Date 24.07.2017 Transmission Date