Haider Ali v. Dr. Sunil Kumar Singh And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1306 of 2016 =========================================================== Haider Ali son of Late Ghulam Hussain Mian, resident of Village Mashrak, and District Chapra (Saran).
.... Petitioner-Appellant
Versus
1. Dr. Sunil Kumar Singh, Chairman, son of not known Bihar State Co-operative Marketing Union Ltd., Biscomoun, Patna.
2.Shatrughan Prasad Choudhary, Managing Director, son of not known, Bihar State Co-operative Marketing Union Ltd., Biscomoun Bhawan, Patna. 3.Sanjiv Lochan Moshra, Chief Accounts Officer, son of Late Surendra Nath Mishra, Bihar State Co-operative Marketing Union Ltd., Biscomoun Bhawan, Patna.
4.State of Bihar through its Chief Secretary, namely A.K., Sinha, Bihar, Patna. ....Opposite Parties- Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Mohammed Abu Haidar, Adv For the BISCOMAUN : Mr. Ishwari Singh, Adv =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 06-04-2017 The Letters Patent Appeal under Clause-10 of the Letters Patent, is not maintainable against the order passed by the writ court under Article 227 of the Constitution of India.
Patna High Court LPA No.1306 of 2016 dt.06-04-2017 2/2 The jurisdiction exercised by the writ Court was in Miscellaneous Jurisdiction Case under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act. Such order passed by the writ Court, under clause-10 of the Letters Patent, is not maintainable.
It is, accordingly, dismissed.
However, liberty shall be available to the appellant to take recourse before appropriate forum having appropriate jurisdiction to deal with the matter.
(Rajendra Menon, CJ) (Sudhir Singh, J) Ranjan/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 08.04.2017 Transmission Date N.A.