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Patna High CourtL.P.A/915/2017dismissed

Shashi Bhushan Singh v. The State Of Bihar And ORS

2018-05-01Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.915 of 2017 In Civil Writ Jurisdiction Case No.24457 of 2013 ====================================================== Shashi Bhushan Singh son of Late Lakhan Singh resident of Village - Barsa, P.S. - Kasar, District - Sheikhpura.

... ... Appellant/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Education, Bihar, Patna.

3. The Director, Secondary Education, Department of Education, Bihar, Patna.

4. The District Magistrate, Lakhisarai.

5. The District Education Officer, Lakhisarai-cum-The Principal of Government High School, Lakhisarai, District - Lakhisarai.

6. Ram Naresh Prasad Singh, The Then Principal of Hasanpur High School, Lakhisarai son of Late Karyanand Singh Resident of Village - Mahisona, Police Station - Lakhisarai, District - Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr Siya Ram Shahi Mr. Indu Bhushan For the Respondent/s :

Mr. Shashi Shekhar Tiwary, AC to AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 01-05-2018 No satisfactory reason with supporting material has been provided for delay of 01 year and 68 days in preferring the appeal.

Even otherwise, so far as the impugned order is concerned, looking at the nature of dispute and the assertion, the writ court refused to exercise its discretion in the disputed facts. Therefore, even on merit it does not seem to be much of arguable case. In view of the same, I. A. No.4269 of 2017 is

Patna High Court LPA No.915 of 2017(6) dt.01-05-2018 2/2 rejected. As a consequence, even the appeal is dismissed. Dismissal of the writ or the LPA may not come in the way of the appellant seeking common law remedy. (Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) sk U