Patna High CourtCWJC/16084/2015disposed

Kabai Banghara Bodhik Vikas Manch v. The State Of Bihar And ORS

2016-05-11The Chief Justice,Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 16084 of 2015 ====================================================== Kabai Banghara Bodhik Vikas Manch, Kabai Banghara, Via Dalsingsarai, Samastipur through its Secretary Abdul Gaffur, Son of Late Md. Kasim, Resident of Village- Bhabhangama Naya Tola, Post- Banghara, P.S.- Ghataho, District- Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna.

3. The Director, Higher Education, Department of Education, Govt. of Bihar, Patna.

4. The District Education Officer, Samastipur.

5. The District Programme Officer (Establishment), Samastipur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anshuman Singh For the Respondent/s : Mr. D.K. Sinha, Aag2 ====================================================== CORAM: HON'BLE THE ACTING CHIEF JUSTICE And HON'BLE MR JUSTICE NAVANITI PRASAD SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 11-05-2016 Heard Mr Anshuman Singh, learned Counsel for the petitioner and Mr Devendra Kumar Sinha, learned AAG II for the State respondents.

Considering the fact that the questions raised in this writ petition, which have been filed under Article 226 of the Constitution of India, in the form of Public Interest Litigation, are disputed questions of facts, we are clearly of the view that a writ proceeding is not an appropriate proceeding for determination of

Patna High Court CWJC No.16084 of 2015 (5) dt.11-05-2016 the issues, which have been raised in this writ petition. In view of the above and in the interest of justice, while closing the writ petition, we give the liberty to the petitioner to take recourse to provisions of law.

With the above observations, this writ petition is disposed of.

(I A Ansari, ACJ) (Navaniti Prasad Singh, J) U M.E.H./-