Patna High CourtL.P.A/680/2016dismissed

Bibi Samima Khatoon v. The State Of Bihar And ORS

2016-11-28Mr. Justice Vikash Jain,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.680 of 2016 IN Civil Writ Jurisdiction Case No. 6554 of 2014 =========================================================== Bibi Samima Khatoon, Wife of Late Md. Hamza, resident of Village - Barhajal, P.S. Barsoi, District - Katihar, Secretary of Madarsa Aziziaq Perhajal, P.S. Barsoi, District - Katihar .... .... Appellant

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

2. The Bihar State Madarsa Education Board, Vidyapati Marg, Patna through its Secretary.

3. The Chairman, Bihar State Madarsa Education Board, Vidyapati Marg, Patna

4. The Secretary, Bihar State Madarsa Education Board, Vidyapati Marg, Patna

5. The Special Director, Secondary Education, Bihar, Patna

6. The District Education Officer, Katihar

7. Abul Kalam, son of Late Md. Ishak, Resident of Village - Berhajal, P.S. Barsoi, District - Katihar .... .... Respondents =========================================================== Appearance :

For the Appellant : Mr. Md. Anisur Rahman, Advocate. For the Madarsa Board : Mr. Md. Rashid Alam, Advocate. =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 28-11-2016 Heard learned counsel for the appellant and learned counsel for the respondents.

2. The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 17th of September, 2015 in CWJC No. 6554 of 2014 whereby it was held that the relief claimed in the present writ petition is a disputed question of fact which cannot be entertained in a summary proceeding under Article 226 of the Constitution of India.

Patna High Court LPA No.680 of 2016 dt.28-11-2016 2/2

3. The appellant claims to be Secretary of Madarsa Azizia Perhajal, Police Station- Barsoi, District- Katihar, whereas on the other hand, respondent no.7 claims to be Secretary of the said Madars on the basis of the notification of the State Government after conduct of an enquiry.

4. Learned Single Bench has rightly found that the allegation that the whole enquiry is vitiated and manipulated which cannot be examined in the writ application. Such question is required to be raised and decided by the Civil Court.

5. We find that the appellant is raising a issue which is a disputed question of fact and the same can better be decided by the Civil Court.

6. Consequently, we do not find any merit in the present Letters Patent Appeal. The same is dismissed. The appellant is at liberty to avail the alternative remedy as she may choose to avail in accordance with law.

(Hemant Gupta, ACJ) (Vikash Jain, J) B.T/Ibrar AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 30.11.2016 Transmission Date N.A.