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Patna High Court

The State Of Bihar & Ors vs Managing Committee Of Mahatma Naumi Nar on 25 April, 2017

Author: Ajay Kumar Tripathi

Bench: Ajay Kumar Tripathi, Nilu Agrawal

      IN THE HIGH COURT OF JUDICATURE AT PATNA

                      Letters Patent Appeal No.1290 of 2014
                                        IN
                  Civil Writ Jurisdiction Case No. 15412 of 2010
===========================================================
1. The State of Bihar
2. The Principal Secretary, Human Resources Department, Government of Bihar,
Patna
3. The Director, Secondary Education, Bihar at Patna
4. The Deputy Director, Secondary Education Bihar, Patna

                                                        .... .... Appellant/s
                                       Versus
Managing Committee of Mahatma Naumi Narayan High School Lamichaur,
Anchal - Bhore P.S. Bhore, District Gopalganj through its Secretary namely
Parmanand Chaudhary son of Late Babu Chaudhary Resident of village -
Piyarauta, P.S. Bhore, District - Gopalganj

                                                .... .... Respondent/s
===========================================================
       Appearance :
       For the Appellant/s  :   Mr. Jai Prakash
       For the Respondent/s :   Mr.
===========================================================
CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
          and
          HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI)
Date: 25-04-2017

                 Heard learned counsels for the parties.

                 The Court fails to understand as to why an L. P. A. has

   been filed against the order, dated 10.09.2013, passed by the

   Learned Single Judge, when the ball has been placed in the court of

   the State Government itself by giving them leeway to take a decision

   on the issue of grant of permission for establishment of a school.

                 Within the framework of law and what has been

   observed by the Learned Single Judge, let the State take a decision

   first. There is nothing to interfere with the impugned order, dated
          Patna High Court LPA No.1290 of 2014 dt.25-04-2017

                                                   2/2




                 10.09.2013

in the aforesaid circumstances.

Appeal is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) SKM/-

AFR/NAFR N.A.F.R. CAV DATE Uploading Date 27.04.2017 Transmission Date