Patna High CourtCWJC/17052/2016dismissed

Paras Kumar Gupta And ANR v. The State Of Bihar And ORS

2017-11-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17052 of 2016 ======================================================

1. Paras Kumar Gupta son of Rajendra Kumar Gupta, The Secretary, Arya Samaj, P.O., P.S. & District- Khagaria Resident of Arya Samaj Road, P.O., P.S. and District- Khagaria.

2. Umesh Kumar Gupta son of Late Ayodhya Prasad Sah, The President, Managing Committee, Arya Kanya Uchcha Vidyalaya Resident of Thana Road, P.O., P.S. & District- Khagaria. ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Chief Secretary, Bihar.

2. The Principal Secretary, Education, Bihar at Patna.

3. The Director, Secondary Education, Bihar at Patna.

4. The Regional Deputy Director Education, Munger.

5. The Collector, Khagaria. null null

6. The District Education Officer, Khagaria. null null

7. The Sub Divisional Officer, Khagaria.

8. The Station House Officer, Khagaria, P.S., District- Khagaria.

9. Arya Samaj, Khagaria through its Secretary

10. Nandlal Pd. Sah, Principal, Arya Kanya Uchcha Vidyalaya, Khagaria.

11. Nilkamal Diwakar son of Vidya Sagar Poddar Resident of Mohalla- Kali Badi, P.O., P.S. & District- Khagaria.

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

For the Petitioner/s :

Mr. Amarendra Nath Verma For the Respondent/s :

Mr. JITENDRA KUMAR ROY NO-1 SC13 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-11-2017 Upon perusal of the pleadings on record and considering the submissions made on behalf of the parties, it is evident that there is controversy between the petitioners and the respondents no. 10 and 11, who are private parties.

The dispute of the nature which has been raised in the present Writ Application cannot be entertained in a proceeding under Article 226 of the Constitution of India, particularly as the pleadings involved so many disputed question of facts.

Patna High Court CWJC No.17052 of 2016(30) dt.03-11-2017 2/2 This Writ Application is dismissed as not maintainable. The petitioners shall have, however, the liberty to take appropriate recourse of law including by way of filing a suit for redressal of their grievances.

(Chakradhari Sharan Singh, J) arun/- U