Triloki Nath Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10424 of 2017 ====================================================== Triloki Nath Singh, son of Late Babulal Singh, resident of Village- Taraiya, P.S. Taraiya, District- Saran.
... ... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Human Resources and Development Department, Bihar, Patna.
2. The Principal Secretary, Human Resources and Develoment Department, Bihar, Patna.
3. The Bihar School Examination Board (Senior Secondary), Patna through its Chairman, Budh Marg, Patna. null null
4. The Chairman, Bihar School Examination Board, Budh Marg, Patna.
5. The Secretary, Bihar School Examination Board, Budh Marg, Patna.
6. The Punjab National Bank through the Managing Director of Punjab National Bank, Bhikaji Cama Place, New Delhi.
7. The Branch Manager, Punjab National Bank, Murlipur, Taraiya, Saran, Chapra.
8. Devendra Singh son of Late Ramjee Singh, Principal-cum- Officiating Secretary, Management Committee, Yogiraj Devraha Baldeo Singh, College Benipuri Nagar, P.O. & P.S.- Taraiya, Saran.
9. Nand Kishore Singh son of Late Ram Balan Singh, the president Deoraha Baba Education and Charitable Trust, at Yogiraj Baldeo Mahavidyalaya, Benipuri Nagar, Taraiya, Saran.
... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyendra Rai For the Respondent/s :
Mr. Jitendra Kumar Roy No-1 Sc13 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-10-2018 There is no representation on behalf of the petitioner. This application has been filed seeking following directions : - "a) For a direction to the Bihar School Examination Board (Senior Secondary) to constitute an ad-hoc committee consisting senior
Patna High Court CWJC No.10424 of 2017(2) dt.11-10-2018 2/3 and responsible government officer and the donor members to manage the affairs of Yogiraj Devraha Baldeo Singh College, Benipuri Nagar, Taraiya, in the facts and circumstances of the case to avoid the financial irregularities and mismanagement of the college by the members of the Management Committee which has been constituted in irregular manner and has been given recognition by the Bihar School Examination Board vide its letter no. BSEB (SS)/08SC/2014 dated 08.10.2014.
b) For a direction to the respondent and the Bank to stop the operation of the accounts of the aforesaid college and to stoop the financial assistance till the disposal of Appeal which has been restored to its original file ny the Hon'ble Division Bench of this Hon'ble Court vide order dated 08.12.2016 passed in L.P.A. No. 152/2016 and is pending for adjudication."
A counter affidavit has been filed on behalf of the private respondents No. 8 and 9 stating therein that for the same relief, the petitioner has filed a title suit bearing No.565 of 2016, which is pending before Sub-Judge-I, Saran, wherein he has sought for a relief for setting aside of the same order dated 08.01.2014, which is under challenge in the writ application. The said statement made in the counter affidavit has not been denied by the petitioner in reply to the counter affidavit. For the same relief, the petitioner cannot be allowed to continue with two parallel proceedings.
Patna High Court CWJC No.10424 of 2017(2) dt.11-10-2018 3/3 This application is accordingly dismissed.
(Chakradhari Sharan Singh, J) Pawan/Ragini U