Madarsa Misbabul Uloom v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.300 of 2016 Arising out of Civil Writ Jurisdiction Case No. 5504 of 2014 =========================================================== Madarsa Misbabul Uloom, Budhnagra, Sitamarhi through its Secretary, Abrar Ahmad, Son of Abul Khair, Village and P.O. - Budhnagra, P.S. - Nanpur, District - Sitamarhi.

.... .... Appellant/s

Versus

1. The State of Bihar through the Secretary, Human Resources, Government of Bihar, Patna.

2. Chairman Bihar State Madarsa Education Boards Vidyapati Marg, Patna.

3. The District Education Officer, Sitamarhi.

4. Aftab Alam, Son of Sadique Hussain, Resident of Village and P.O. Budhnagra, PrakhandBokhda, P.S. - Nanpur, District - Sitamarhi. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Anil Kumar Mukund. Advocate For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 20-02-2017 The present Letters Patent Appeal is directed against an order passed by a learned Single Bench of this Court on 05.10.2015 whereby the writ application was dismissed with liberty to the appellant to seek intervention of the Civil Court for appropriate relief.

A perusal of the records would show that a show cause notice was issued to the appellant to appear before the Madarsa Education Board on 18th of February, 2014. The appellant has not

Patna High Court LPA No.300 of 2016 dt.20-02-2017 2/2 averred that whether any decision was taken in pursuance of such show cause notice. Therefore, till such time Madarsa Board takes a decision in pursuance of the show cause once served upon the appellant, we find that invocation of writ jurisdiction of this Court is premature.

Consequently, we do not find any merit in the present Letters Patent Appeal. The same is dismissed. As and when the Madarsa Board takes a decision in respect of the appellant-Institution or the Institute said to be established by the Respondent No.4, the aggrieved party shall have right to invoke the jurisdiction of the competent Court in accordance with law.

(Hemant Gupta, ACJ) (Sudhir Singh, J) S.Pandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.02.2017 Transmission Date