Millate Urdu Middle School v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22725 of 2013 ====================================================== Millate Urdu Middle School, Chunauti Kuan, Phulwari Sharif, Patna, P.S.- Phulwari Sharif, District-Patna represented through the Secretary Managing Committee Md. Nazamuddin, Son of Late Sarajul Haque, Resident of Mohalla - Mahatwana, P.S. - Phulwarisharif, District - Patna ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Chief Secretary, Government of Bihar, Patna 3.

The Principal Secretary, Department of Education, Govt. of Bihar, Patna 4.

The Director (Primary Education), Government of Bihar, Patna 5.

The Deputy Director (Primary Education), Government of Bihar, Patna 6.

The District Program Officer, Patna 7.

The District Education Officer, Patna 8.

Millat Urdu Middle School, Mahatwana Phulwari Sharif, Patna, through it's Secretary.

9.

Edara Khaire Ummad (Regd.) Phulwari Sharif, through it's General Secretary Qaub Siddiqui having it's Office at Phulwari Sharif, P.S. - Phulwari Sharif, District - Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Pratik Kumar Sinha, Advocate Mr. Manoj Kumar, Advocate For the State :

Mr. Sita Ram Yadav, GP-16 Mr. Jitendra Kumar, AC to GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. This writ application has been filed seeking a writ in the nature of Mandamus directing respondent no. 2 to consider the representation dated 08.11.2010 submitted by the petitioner before respondent no. 2 questioning the decision of respondent no. 3 as contained in Memo No. 1436 of 26.10.2010.

Patna High Court CWJC No.22725 of 2013(4) dt.24-07-2023 2/3 In alternative, the prayer is to quash and cancel the Memo No. 1436 dated 26.10.2010 issued under the signature of the Principal Secretary, Department of Education (respondent no. 3).

3. On going through the materials available on the record, this Court finds that in the present case, there is a dispute of identity between the two groups i.e. the petitioner and the respondent no. 8. The one group is claiming that it is the school running at Chunauti Kuan, Phulwari Sharif, Patna which is the real one whereas the another group is saying that it is the school situated at Mahatwana Phulwari Sharif, Patna which is the real Millat Urdu Middle School. There is a chequered history of litigation between the parties.

4. Earlier, this Court had directed the Principal Secretary, Department of Education to pass an appropriate order on the issues involved between the parties. Pursuant to the said order of this Court, the Principal Secretary of the Education Department has passed the impugned order as contained in Annexure '13' to the writ application.

5. After hearing learned counsel for the petitioner and the State, this Court is of the considered opinion that the kind of dispute between the parties cannot be aptly adjudicated in a writ

Patna High Court CWJC No.22725 of 2013(4) dt.24-07-2023 3/3 application under Article 226 of the Constitution of India. A finding of fact on the issue may be recorded only after allowing both the parties to adduce their respective evidences. This Court would, therefore, not entertain this writ application.

6. The writ application is, thus, dismissed but with liberty to the petitioner to seek his remedy, if any advised to him in accordance with law.

7. Let it be recorded that this Court has not gone into the merit of the case and the present order would not give rise to any cause of action.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U