Pramod Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.410 of 2014 In Civil Writ Jurisdiction Case No.6828 of 2007 ====================================================== Pramod Singh, Son of Late Dwarka Singh, Resident of Bhoot Nath Ashram Road, Kankarbagh, P.S.- Agam Kuan, District- Patna ... ... Appellant/s
Versus
1. The State of Bihar through the Chief Secretary, Old Secretariat, Patna
2. The Oriental Insurance Company Ltd., Regd. Office- Oriental House PB No.- 1037-A-25/27, Asaf Ali Road, New Delhi- 11002
3. The Divisional Manager, the Oriental Insurance Co. Ltd., Divisional OfficeIII, Sudama Palace, IInd Floor, Main Road, Kankarbagh, Patna- 800020 ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.
For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date : 29-01-2018 Heard the appellant in person and learned counsel for the Insurance Company.
The refusal of the learned Single Judge to entertain the writ application on a decision of repudiation in view of remedy available before the competent authority or forum cannot be said to be erroneous in law.
Article 226 being a discretionary remedy, there is no mandate upon the Writ Court to delve into each and every dispute raised even though the statute has created forums for raising or agitating grievances which were sought to be raised in the Writ Court.
Patna High Court LPA No.410 of 2014 dt.29-01-2018 2/2 We do not find any infirmity in the view so taken by the learned Single Judge, therefore, the appeal is dismissed. The observation, however, given in the concluding part of the paragraph, which is liberty to the appellant to seek condonation, will be still available to him provided he is willing to avail the remedy even now.
(Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) Rajesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.01.2018 Transmission Date NA