Amrendra Kumar v. The Chief Secretary, State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19101 of 2015 ===========================================================

1. Amrendra Kumar, Son of Suresh Kumar, Resident of Vill.- Kundla, P.O.- Ritani, P.S.- Sakurabad, Distt.- Jehanabad .... .... Petitioner/s

Versus

1. The Chief Secretary, State of Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Nagendra Sharma, Adv. For the Respondent/s : Mr. P.N.SHAHI, AAG-10 Mr. Patanjali Rishi, Adv.

=========================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE I. A. ANSARI) Date: 17-12-2015 In this application, under Article-226 of the Constitution of India, in the nature of a Public Interest Litigation, the petitioner has sought for, in substance, a declaration that CWJC No.17245 of 2015, which has been registered as a Public Interest Litigation, is not maintainable in law.

Heard Mr. Nagendra Sharma, learned Counsel, appearing on behalf of the petitioner, and Mr. P.K. Shahi, learned Additional Advocate General-10, appearing on behalf of the respondent.

Having considered the pleadings and materials on record and having heard learned Counsel for the parties, we find that

Patna High Court CWJC No.19101 of 2015 dt.17-12-2015 2/2 this petition is wholly misconceived inasmuch as the question of maintainability of a writ petition would be decided in the writ proceeding itself and not by way of another writ petition. In view of the above, we find that this writ petition, CWJC No.19101 of 2015, is not maintainable and is, therefore, dismissed in limine.

(I. A. Ansari, ACJ) (Chakradhari Sharan Singh, J) K.C.jha/- U