The Bihar School Examination Board v. Shailesh Kumar Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1107 of 2024 In Civil Writ Jurisdiction Case No.9810 of 2023 ====================================================== The Bihar School Examination Board through its Secretary, having office at Buddh Marg, Patna- 800001.

... ... Appellant/s

Versus

1.

Shailesh Kumar Singh Son of Raghav Singh, Resident of Village Dumari Bujurg, P.S. - Nayagaon, District - Saran at (Chapra). 2.

The State of Bihar through the Principal Secretary, Building Construction Department, Govt. of Bihar, (Patna).

3.

The Principal Secretary, Building Construction Department, Govt. of Bihar, (Patna).

4.

The Chief Engineer, Building Construction Department, Govt. of Bihar, (Patna).

5.

The Superintending Engineer, Construction Circle, Building Construction Department, Govt. of Bihar, (Patna).

6.

The Executive Engineer, Construction Division no. 2, Building Construction Department, Govt. of Bihar, Patna.

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

For the Appellant/s :

Mr. Satyabir Bharti, Sr. Adv Ms. Kanupriya, Adv Mr. Abhishek Anand, Adv For the Respondent/s :

Mr. Additional Advocate General (9) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 13-10-2025 On 15.09.2025, we had passed the following order:- "Prima facie Respondent No. 1, Shailesh Kumar Singh, has not entered into any agreement with the Appellant- Bihar School Examination Board and relevant agreement has also not been placed on record in CWJC No. 9810 of 2023. In other words, there is no agreement between the Appellant- Bihar School Examination Board and

Patna High Court L.P.A No.1107 of 2024(3) dt.13-10-2025 2/2 Respondent No. 1 Shailesh Kumar Singh, resultantly appellant has made out a prima facie case so as to grant interim relief insofar as staying the operation of impugned order dated 23.09.2024 passed in CWJC No. 9810 of 2023, accordingly, it is stayed till next date of hearing.

2. In the meanwhile, Principal Secretary, Building Construction Department, Govt. of Bihar is hereby directed to file his personal affidavit as to why they are not liable to pay sum of Rs. 18,42,000/- to the Respondent No. 1 Shailesh Kumar Singh in terms of the relevant agreement read with the execution of the work.

3. Re-list this matter on 13.10.2025."

2. Pursuant to the same, the state government has proceeded to settle the score of the contesting respondent on 10.10.2025. In the light of these facts and circumstances, whatever the directions issued by the learned Single Judge would not be a hurdle for the appellant.

3. With the above observation, the present LPA No. 1107 of 2024 stands disposed of.

(P. B. Bajanthri, CJ) ( Alok Kumar Sinha, J) Jyoti/- U