Patna High CourtL.P.A/573/2016dismissed

Md. Israil @ Lal Babu v. The State Of Bihar And ORS

2017-04-27Mr. Justice Sudhir Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.573 of 2016 IN Civil Writ Jurisdiction Case No. 24624 of 2013 =========================================================== Md. Israil @ Lal Babu, son of late Jamaluddin, Resident of Village Gauspur, Baligaon, P.O- Baligaon, District Darbhanga, Secretary of Managing Committee of Madarsa Gausia Gauspur, Baligaon, at P.O. Baligaon, District Darbhanga. .... .... Appellant/s

Versus

1. The State of Bihar

2. Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

3. Special Director Secondary Education, Human Resources Development Department, Bihar, Patna.

4. Regional Deputy Director Education, Darbhanga.

5. The District Education Officer, Darbhanga.

6. Bihar State Madarsa Education Board, Patna thorugh its Secretary.

7. The Chairman, Bihar State Madarsa Education Board 5, Vidyapati Marg, Patna.

8. The Secretary, Bihar State Madarsa Education Board 5, Vidyapati Marg, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Amarendra Narayan, Advocate For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 27-04-2017 Delay in filing the appeal is condoned and I.A. No. 2553 of 2016 disposed.

Seeking exception to an order dated 27.11.2015 passed by the learned Writ Court in C.W.J.C. No.24624 of 2013, this appeal has been filed under Clause 10 of the Letters Patent. In the matter of identity and jurisdiction with regard to

Patna High Court LPA No.573 of 2016 dt.27-04-2017 2/2 plot number and other factual aspect of the matter finding a disputed question of fact to be in existence, the learned Writ Court has directed the petitioner to take recourse to the remedy available of approaching the Civil Court, where evidence can be recorded and factual dispute can be adjudicated.

In doing so, the learned Writ Court has not committed any error warranting reconsideration.

The appeal is dismissed.

(Rajendra Menon, CJ) (Sudhir Singh, J) Narendra/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 05.05.2017 Transmission Date