Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.676 of 2022 In Civil Writ Jurisdiction Case No.12435 of 2021 ====================================================== Manoj Kumar Son of Bande Lal Yadav, Resident of Village- Gaji Paitha, P.O.- Biratpur, Police Station- Sonbarsa, District Saharsa. ... ... Appellant/s

Versus

1.

The State of Bihar X 2.

The Principal Secretary, (Secondary Education), Human Resources Department, Government of Bihar, Patna.

3.

The Director, Secondary Education, Human Resources Department, Government of Bihar, Patna.

4.

The District Magistrate, Saharsa.

5.

The District Education Officer, Saharsa.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bidhanesh Misra For the Respondent/s :

Mr.Ram Vinay Pd.Singh, AC to GA12 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 30-04-2025 Re:I.A. No. 01 of 2022 Heard I.A. No. 01 of 2022, there is a delay of about 53 days in filing LPA. For the reasons stated in application read with affidavit, delay of about 53 days in filing LPA stands condoned. Accordingly, I.A. No. 01 of 2022 stands allowed.

2. Appellant has assailed the order of learned Single Judge dated 08.09.2022 passed in CWJC No. 12345 of 2021. Gist of the matter is that appellant's grievance is relating to

Patna High Court L.P.A No.676 of 2022(3) dt.30-04-2025 2/2 change of name of the school. In such circumstances, writ petition is not maintainable. On the other hand, appellant has to invoke remedy before the Civil Court in seek declaration insofar as change of name of the school while impleading such of those stake holders.

3. In the light of these facts and circumstances, the order of learned Single Judge would not be hurdle insofar as invoking remedy under civil jurisdiction. With above observations, the present LPA No. 676 of 2022 stands disposed of.

4. Pending Interlocutory Application(s), if any, stands disposed of.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) abhishekkr/- U