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Patna High CourtL.P.A/634/2014dismissed

Shakuntla Devi v. The State Of Bihar And ORS

2017-03-18Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.634 of 2014 IN Civil Writ Jurisdiction Case No. 2959 of 2011 =========================================================== Shakuntla Devi Wife of Late Rajendra Singh Resident of Village - Rukundipur, P.S. Daraundah, District - Siwan .... .... Appellant

Versus

1. The State of Bihar through the Secretary, Department of Education, Government of Bihar, New Secretariat, Patna

2. The Director, Secondary Education, Government of Bihar, New Secretariat, Patna

3. The Director, Secondary Board of Education, Budh Marg, Patna

4. The Regional Deputy Director, Saran Division, Chapra

5. The District Education Officer, Siwan

6. The Accountant General, Bihar, Patna .... .... Respondents =========================================================== Appearance :

For the Appellant :

Mr. Sanjay Kumar Singh, Advocate For the Respondent State: Mr. MD. N. Hoda Khan, SC-1 Mr. Naushaduzzoha, AC to SC-1 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 18-03-2017 Heard counsel for the appellant and counsel for the State.

The appeal is dismissed because the order dated 23.09.2011 held that a second writ application for the same cause of action when the previous writ was withdrawn is not maintainable is within the frame work of law laid down by the Hon'ble Apex Court in the case of Sarguja Transport Service Vs. State Transport Appellate Tribunal, M.P., Gwalior and Ors., reported in AIR 1987

Patna High Court LPA No.634 of 2014 dt.18-03-2017 2/2 SC 88.

Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 20.03.2017 Transmission Date N/A