Bipin Chandra Sharma v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2428 of 2018 In Letters Patent Appeal No.1834 of 2015 ====================================================== Bipin Chandra Sharma son of Late Shyam Deo Sharma, resident of VillageRaghunathpur, P.S. Paliganj, District Patna. ... ... Petitioner/s

Versus

1.

The Union Of India and Ors 2.

Shri K.N. Shrivastava Son of not known, the Secretary, Ministry of Civil Aviation, Government of India, New Delhi.

3.

Shri Arun Mishra, Son of not known, Director General Civil Aviation Opposite Safdarganj, New Delhi, 110003 4.

Shri A.K. Sharma Son of not known, Joint Director, General and Appellate Authority, Opposite Safdarganj Air Port, New Delhi 110005. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None For the Opposite Party/s :

Mr.Ravinder Kumar Sharma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 09-02-2024 None appears for the petitioner.

2. The present MJC is arising out of LPA No. 1834 of 2015. In MJC No. 526 of 2014 was decided with certain observations while allowing writ application (wrongly mentioned as writ application).

3. Be that as it may, Annexure-1 was quashed, thereafter matter was remanded to Director General of Civil Aviation to take fresh decision on the question of renewal of

Patna High Court MJC No.2428 of 2018(4) dt.09-02-2024 2/2 Commercial Pilot License to the petitioner. Such exercise shall be undertaken by the concerned respondent within a period of eight weeks' from the date of communication/production of copy of the order. It was complied on 21.08.2017 and the same has been placed on record by the petitioner himself as Annexure-3.

4. Despite these events the present MJC has been filed, if he is aggrieved by Annexure-3 dated 21.08.2017 in that event he had fresh cause of action in filing CWJC instead of present MJC No. 2428 of 2018.

5. Accordingly, the present MJC No. 2428 of 2018 stands dismissed with cost of Rs. 5000/- (Rupees Five Thousand Only). Cost shall be paid to the respondent - Union of India. (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) abhishekkr/- U