Smt.Pritama Kaur v. Jugal Kishore Toshniwal And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.909 of 2005 IN Civil Writ Jurisdiction Case No. 9936 of 2004 =========================================================== Smt.Pritama Kaur, wife of Late Sardar Mauleshwar Prasad Singh, Life Trustee, Mata Gujri Memorial Medical College and Lions Seva Kendra Hospital, resident of village Uchla, P.O. - Guru Bazar, P.S. - Barari, District - Katihar. At present residing at H.I.G. Flat No. 7/25 near T.V. Tower, Kankarbagh, Patna. .... .... Appellant
Versus
1. Jugal Kishore Toshniwal, son of Sri Bhanwar Lal Toshniwal, so called Secretary, Mata Gujri Memorial Medical College and Lions Seva Kendra Hospital, Kishanganj, P.S. Kishanganj, in the District of Kishanganj.
2. the State of Bihar .... .... Respondents With =========================================================== Letters Patent Appeal No. 858 of 2005 IN Civil Writ Jurisdiction Case No. 9936 of 2004 =========================================================== Sardar Kartar Singh @ Kartar Singh, son of Late Mauleshwar Prasad Singh, Life Member/Managing Trustee, Mata Gujri Memorial Medical College and Lions Seva Kendra Hospital, P.S. Kishanganj, District - Kishanganj. .... .... Appellant
Versus
1. Jugal Kishore Tosniwal son of Sri Bhanwar Lal Toshniwal, so called Secretary, Mata Gujri Memorial Medical College and Lions Seva Kendra Hospital, Kishanganj, P.S. Kishanganj, in the District of Kishanganj.
2. The State of Bihar.
3. Smt. Pritima Kaur, wife of Late Sardar Mauleshwar Prasad Singh, Life Trustee, Mata Gujri Memorial Medical College and Lions Seva Kendra Hospital, resident of village Uchla, P.O. - Guru Bazar, P.S. - Barari, District - Katihar. At present residing at H.I.G. Flat No. 25 Block No. 7 Sector-IV Bahadurpur Housing Colony, T.V. Tower, Kankarbagh, Patna. .... .... Respondents =========================================================== Appearance :
For the Appellants :
Mr. Bishnu Kant Dubey, Advocate Mr. Panchu Ram, Advocate Mr. Ranjit Kumar, Advocate Mr. Sanjeev Kumar, Advocate For the Respondents:
Mr. S.S. Dvivedi, Sr. Advocate Mr. Ranjan Kumar Dubey, Advocate Mr. Rakesh Chandra, Advocate Mrs. Sangeeta Sharma Advocate
Patna High Court LPA No.909 of 2005 dt.09-10-2015 Mr. Parth Gaurav, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Date: 09-10-2015 The present appeals under Clause 10 of Patna High Court Letters Patent is preferred against the judgment and order dated 19.07.2005 passed in C.W.J.C. No. 9936/2004 by learned Single Judge of this Court exercising jurisdiction under Article 227 of the Constitution.
The primary objection as to maintainability of these appeals was taken by Sri Shashi Shekhar Dvivedi, learned Senior Counsel opposing the appeals. The submission would be that the District Judge, Katihar having passed an order on an application made by the present appellant in terms of Section 34 of the Indian Trust Act, 1882, and the learned District Judge having passed an order therein being the Principal Civil Judge of original civil jurisdiction that would be an order of the civil court and was amenable to the writ jurisdiction of this Court under Article 227 of the Constitution.
Patna High Court LPA No.909 of 2005 dt.09-10-2015 The learned Single Judge also took the same view and exercising constitutional jurisdiction of superintendence under Article 227 of the Constitution disposed of the writ petition with certain directions. Clause 10 the of Patna High Court Letters Patent provides for an appeal to the High Court from an order passed in the original appellate jurisdiction of the High Court and no other order. By series of judgments of this Court and the Apex Court, it is a settled law that from an order passed under Article 227 of the Constitution, no intra court appeal lies, muchless in terms of Letters Patent. The most recent being judgment of the Apex Court in the case of Sh. Jogendrasinhji Vijaysinghji vs. State of Gujarat & Ors., since reported in 2015(3) PLJR 453(SC).
In that view of the matter, both these appeals are not maintainable, and are dismissed as such. (Navaniti Prasad Singh, J.) (Nilu Agrawal, J.) Rajeev/- U