Patna High CourtL.P.A/1130/2017dismissed

Subhash Jha v. The State Of Bihar And ORS

2017-11-06The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1130 of 2017 IN LPA 622 of 2016 =========================================================== Subhash Jha Son of Late Indra Mohan Jha, Dariyapur, P.S.- Shakund Sajour, District- Bhagalpur.

.... .... Appellant/s

Versus

1. The State of Bihar

2. The Chief Secretary, Government of Bihar.

3. The Principal Secretary, Human Resources Development Department, Government of Bihar.

4. The Joint Secretary Education Department Under Human Resources Development Department Government of Bihar. null null

5. Primary Education Direction Education Department H.R.D.

6. The District Magistrate, District Bhagalpur, Bihar.

7. The District Education Officer, District Bhagalpur.

8. The Principal and Headmaster Middle School. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Subhash Jha ( In Person ) For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 06-11-2017 This appeal is wholly misconceived.

It is stated that the appeal has been filed in the light of an order dated 06.04.2017 passed by a Division Bench of this Court in LPA No. 622 of 2016. Against an order in an LPA by a Division Bench the appeal under question in the form of Letters Patent is not maintainable.

That apart, we find that LPA No. 622 of 2016 filed by the

Patna High Court LPA No.1130 of 2017 dt.06-11-2017 2/2 petitioner was allowed. The order passed by the Writ Court dismissing the writ petition i.e. CWJC No. 14578 of 2015 was quashed. The writ petition was restored to its original file. The learned Writ Court has directed to decide the writ petition as such in accordance with law. That being so, we are not inclined to interfere into the matter, particularly when the appeal filed by the appellant has been allowed. No further appeal under Clause 10 is maintainable. The appeal accordingly stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) mrl./- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 08/11/2017 Transmission Date N.A.