Dr. S.M. Ali Imam v. The Lalit Narayan Mithila University Darbhanga And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19388 of 2014 =========================================================== Dr. S.M. Ali Imam son of Late S.M. Zareef, Secretary of the S.M. Zaheer Alam Teachers Training College, P.S.+P.O.-Bahera, District-Darbhanga. .... .... Petitioner/s
Versus
1. The Lalit Narayan Mithila University, Darbhanga
2. The Vice Chancellor of the Lalit Narayan Mithila University, Darbhanga.
3. The Registrar of the Lalit Narayan Mithila University, Darbhanga.
4. The Controller of Examination, Lalit Narayan Mithila University, Darbhanga. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Pushakar Narain Shahi, Sr. Advocate Mr. Sarva Deo Singh For the University : Mr. Chandra Mohan Singh For N C T E : Mr. S N Pathak For the Intervener : Mr. R S Pradhan, Sr. Advocate Mr. Jai Prakash Verma =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 20-03-2015 A K Tripathi, J.
The dispute which is going on between the family over the control of the management of the institution has dragged on for one to many years and has reached the High Court one to many times. This Court has been passing some kind of orders step by step at various stages. The time has come that the family feud must attain finality.
2. Time has also come when both the petitioner and the intervener must go to civil court, which I am told, there is already a suit pending and registered as T. S. No. 189 of 2014.
3. The civil court can be approached for passing any
Patna High Court CWJC No.19388 of 2014 dt.20-03-2015 2 / 2 declaration and orders and decide the status of the managing committee and its control before further indulgence can be given either to the petitioner or the intervener.
4. Writ application is dismissed on this score alone as Article 226 of the Constitution of India has its limitation and all the issues including the present one has its origin as to who should be at the helms of affair of the institution or institutions run by the committee.
(Ajay Kumar Tripathi, J) R.K.Pathak/- U