Shiv Nath Singh v. The Bihar School Examination Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8963 of 2022 ====================================================== Shiv Nath Singh S/o Braj Bhushan Kumar Singh, resident of Village and Post-Garahi, Desri, P.S.-Jandaha, District-Vaishali, presently posted as Incharge Principal of Ramakant Rajeshwari Inter College, Lakhanpur, (Khoksa), Vaishali, District-Vaishali.

... ... Petitioner/s

Versus

1.

The Bihar School Examination Board Patna through its Chairman. 2.

The Chairman, Bihar School Examination Board, Patna. 3.

The Secretary, Bihar School Examination Board, Patna. 4.

The Managing Director and Chief Executive Officer, Bank of India, Head Office, Mumbai.

5.

The Assistant General Manager, Muzaffarpur Bank of India, Zonal Office, Yamuna Market Mithanpura, Muzaffarpur.

6.

The Zonal Manager, Bank of India, Zonal Office, Yamuna Market Mithanpura, Muzaffarpur.

7.

The Regional Manager, Bank of India, Zonal Office, Yamuna Market Mithanpura, Muzaffarpur.

8.

The Sr. Branch Manager, Bank of India Branch, Desari at Patel Chouk, Desari, District-Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh For the BSEB :

Mr. Shankar For the Respondent/s :

Mr. Ajit Kumar Sinha Ms. Minu Kumari Ms. Dilkash Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-03-2023 Heard learned counsel for the parties concerned. The petitioner has filed I.A. No. 02 of 2022 for substitution and deletion of the name of the erstwhile petitioner on the ground that the erstwhile petitioner, who had filed the writ application, has now retired.

The dispute in the present writ application is that the

Patna High Court CWJC No.8963 of 2022(5) dt.23-03-2023 2/2 bank account of the Ramakant Ranjeshwari Inter College, Lakhanpur (Khoksa), Vaishali was freezed on the request of Pravin Chandra, who has now filed substitution application for replacing the original petitioner.

In my view, interlocutory application for substitution cannot be entertained inasmuch as it gives rise to a fresh cause of action, so much so that on the request of the Pravin Chandra the bank account was freezed.

If so advised, Pravin Chandra may file fresh writ application for opening of the bank account which was freezed on his instruction.

Accordingly, I.A. 02 of 2022 is dismissed. Resultantly, this writ application has become infructuous. The writ application is disposed with aforesaid liberty. (Anil Kumar Sinha, J) ashwani/- U