Patna High CourtL.P.A/543/2016disposed

Bhartiya Janta Party v. The State Of Bihar And ORS

2017-03-27Mr. Justice Sudhir Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.543 of 2016 IN Civil Writ Jurisdiction Case No. 1492 of 2016 =========================================================== Bhartiya Janta Party through its State President Sri Mangal Pandey, Son of Sri Awadhesh Pandey, having its office at Virchand Patel Path, Police station- Kotwali, District Patna.

.... .... Appellant/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. Sri Krishna Memorial Development Committee through the Commissioner, Patna Division, Patna.

3. The Commissioner, Patna Division, Patna.

4. The District Magistrate, Patna.

5. The Regional Project Office, Patna Division, Patna -cum-Incharge, Sri Krishna Memorial Development Committee, Patna.

6. The Accountant, Sri Krishna Samarak Samiti, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Harendra Prasad Singh, Advocate Mr. Rajesh Kumar Verma, Advocate For the Respondent/s : Mr. Dhirendra Kumar, AC to AAG-10 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 27-03-2017 Keeping in view the fact that the cause of action on account of which the original writ petition bearing Civil Writ Jurisdiction Case No.1492 of 2016 was filed, is already over and now the issue involved in this appeal is only of academic interest, we are of the considered view that it need not be looked into in these proceedings, instead liberty shall be available to the petitioner to re-agitate the matter if arises on a future date, including liberty to challenge the legality to

Patna High Court LPA No.543 of 2016 dt.27-03-2017 2/2 the order and finding recorded on 22.01.2016 in Civil Writ Jurisdiction Case No.1492 of 2016 by assailing it afresh in accordance with law before a Court of competent jurisdiction.

With the aforesaid observation, the appeal stands disposed of. We clarify that all legal questions involved in the matter, which is agitated in this appeal, are kept open to be considered as and when required on future date.

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

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