Patna High CourtCWJC/17228/2013dismissed

Smt. Sunaina Kumari v. The State Of Bihar And ORS

2017-03-08Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court CWJC No.17228 of 2013 (3) dt.08-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17228 of 2013 ======================================================

1. Smt. Sunaina Kumari D/O Sri Bachchu Prasad Resident of MohallaHorilganj, P.S+ Distt- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Health Department, Government of Bihar, Patna.

2. The Health Manager, Dandi, District Health Committee, Jehanabad, P.S+ District- Jehanabad, At Sadar Hospital, Jehanabad

3. The Civil Surgeon- Cum- Chief Health Officer, District- Health Committee, Jehanabad Sadar Hospital, Jehanabad. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Abu Haidar For the Respondent/s : Mr. Indradeo Prasad, SC 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08.03.2017

1. Both parties are present.

2. Although learned counsel for the petitioner seeks adjournment but from perusal of the petition, it would appear that the present writ petition has been filed under Article 226 of the Constitution of India for quashing the judgment dated 29.5.2013 passed by Munsif, Civil Court, Jehanabad in Title suit no. 16/2011 as well as for quashing the letter no. 875 dated 24.4.2010 of the Civil Surgeon-cum- Chief Medical Officer, Jehanabad.

3. It appears to me that this writ petition has been filed under misconception because the judgment pronounced by the competent civil court can not be set aside by exercising power under Article 226 of the Constitution of India and if the petitioner is aggrieved by the judgment pronounced by the Munsif, Jehanabad, she

Patna High Court CWJC No.17228 of 2013 (3) dt.08-03-2017 may approach to appropriate forum. So far as quashing of letter no. 875 dated 24.4.2010 is concerned, I do not find any ground to quash the aforesaid letter.

4. Accordingly, this writ petition stands dismissed. shahid (Hemant Kumar Srivastava, J) U T