Jay Kishore Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1475 of 2016 ====================================================== Jay Kishore Pandey Son of Late Sitaram Pandey, The Principal Brahmdeo Muni Udaseen Sanskrit College, Hajipur, Resident of Hajipur, P.S.- Hajipur, District- Vaishali at Hajipur.

... ... Appellant/s

Versus

1. The State of Bihar through Collector- Revenue Department Vaishali, at and P.O.- Hajipur, District- Vaishali.

2. The Collector Vaishali, At and P.O.- Hajipur, District- Vaishali.

3. The Vice Chancellor, Kameshwar Singh Darbhanga, Sanskrit University Darbhanga At and P.O. and District- Darbhanga.

4. The Registrar Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, At and P.O. and District- Darbhanga.

5. Sri Jagdish Swaroop Chela S/o Late Brahmdeo Muni Shastri, Resident of Mohalla- Rambhadra, Bari Sangat, P.S. P.O. and Town- Hajipur, DistrictVaishali. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Naresh Chandra Verma For the Respondent/s :

Mr. RAJ KISHORE ROY- GP18 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-11-2017 Heard learned counsel for the parties.

This application has been filed under Article 227 of the Constitution of India seeking quashing of an order, dated 24.06.2016, passed by learned Sub-Judge-XII, Vaishali at Hajipur in Title Suit No. 71 of 2000, whereby a petition filed on behalf of the petitioner to issue Dasti summons to the Vice Chancellor and the Registrar, Kameshwar Singh Sanskrit University, Darbhanga for giving evidence has been rejected. It is settled by now by repeated pronouncements of the decisions of the Supreme Court followed by this Court that a

Patna High Court C.Misc. No.1475 of 2016(3) dt.08-11-2017 2/2 power under Article 227 of the Constitution of India is to keep the Courts bound within their jurisdiction.

The impugned order does not suffer from any jurisdictional error. Since the petitioner shall have the remedy, if any, failure of justice occasions because of the impugned order at appropriate stage, I am not inclined to entertain this application in a proceeding under Article 227 of the Constitution of India. This application is, accordingly, dismissed.

The liberty as indicated goes without saying. (Chakradhari Sharan Singh, J) arun/- U