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Patna High CourtL.P.A/1491/2017dismissed

Bihar Pradesh Sanskrit Mahasangh And ANR v. The State Of Bihar And ORS

2017-11-06The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1491 of 2017 IN Civil Writ Jurisdiction Case No. 13177 of 2017 ===========================================================

1. Bihar Pradesh Sanskrit Mahasangh , Society Registered under the Bihar Society Registration Act through its Deputy Secretary, Komal Pandey, son of late Chandrika Pandey, Resident of Mohalla Punaichak Old Post Office Gali, PS Shastra Nagar Patna

2. The Janki-Primary-cum-Middele-cum High Schoolsl Karwa Aandar Througy its Headmaster Vijay Prakash Pathak,Son of Late Mohan Lal Pathak, resident of Village Ashab, PS Aander, District Siwan .... .... Appellant/s

Versus

The State of Bihar, Secretary Education, Human Resources Development Department, Government of Bihar, Patna & Others. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Chitranjan Sinha, Sr. Advocate Mr. Baidyanath Thakur For the State : Mr. Ashutosh Ranjan Pandey, AAG 13 For BSSB : Mr. Satyam Shivam Sundaram Mr. Shashank Shekhar Jha =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 06-11-2017 Seeking exception to an order dated 09.10.2017 passed by the learned Writ Court in CWJC No. 13177 of 2017 this appeal under Clause 10 the Letters Patent has been filed by the Society in question. Having heard learned counsel for the parties we find that the order in question is only an interlocutory order passed in a pending writ petition and merely information and documents have been called for and final decision on the writ petition is yet to be taken.

Patna High Court LPA No.1491 of 2017 dt.06-11-2017 2/2 That being so, at this interlocutory stage when the writ petition on merit is pending consideration before the Writ Court we see no reason to make any indulgence in the matter. The appeal is dismissed.

Liberty shall be available to the appellants to challenge the order finally passed in the writ petition and raise the grievance as are raised in this appeal.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) mrl./- AFR/NAFR NAFFR CAV DATE N.A.

Uploading Date 08/11/2017 Transmission Date N.A.