Patna High CourtL.P.A/604/2017dismissed

Daya Nand Prakash v. The State Of Bihar And ORS

2017-06-28The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

Patna High Court LPA No.604 of 2017 dt.28-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.604 of 2017 IN Civil Writ Jurisdiction Case No. 4858 of 2015 ===========================================================

1. Daya Nand Prakash son of Sri Ram Narayan Roy, Resident of village Hasanpur Surat, p.o.+ p.s.- Patori, District Samastipur. At present working as clerck Bharti Arya High School Jamalpur, Munger.

.... .... Appellant/s

Versus

1. The State of Bihar through Principal Secretary Human Resources Department, Govt. of Bihar having its Office at New Secretariate Patna.

2. The Director, Higher secondary Bihar, Patna

3. The Regional Deputy Director of Education Munger Division, Munger.

4. The District Officer-cum-Collector, Munger.

5. District Education Officer, Munger.

6. The District Treasury Officer, Munger.

7. The school Managing Committee through Secretary, Bharti Arya High school, Jamalpur, Munger.

8. The Head Master, Bharti Arya High School, Jamalpur, Munger. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar Sinha, Advocate For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 28-06-2017 Seeking exception to an order dated 1.3.2017 passed by the learned Writ Court in C.W.J.C. No.4858 of 2015, this appeal has been filed under Clause 10 of the Letters Patent. Having perused the order we find that the writ petition was dismissed as it was not maintainable and liberty of filing a suit for declaration was given to the petitioner. In doing so, we are of the

Patna High Court LPA No.604 of 2017 dt.28-06-2017 considered view, the learned Writ Court has not committed any error warranting re-consideration.

The appeal is, therefore, dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 30.6.2017 Transmission Date N/A