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Patna High Court - Orders

The State Of Bihar vs Ram Nagina Singh & Ors on 14 July, 2010

Author: R. M. Doshit

Bench: S.K. Katriar, R. M. Doshit

            IN THE HIGH COURT OF JUDICATURE AT PATNA
               LETTERS PATENT APPEAL No.1093 of 2010
                                   IN
         MISCELLANEOUS JURISDICTION CASE NO. 207 OF 2009
                              WITH
           INTERLOCUTORY APPLICATION NO. 6003 OF 2010
                              WITH
           INTERLOCUTORY APPLICATION NO. 6004 OF 2010
                                IN
                LETTERS PATENT APPEAL No.1093 of 2010
        ===============================================

                           THE STATE OF BIHAR
                                 Versus
                         RAM NAGINA SINGH & ORS

 ====================================================
           Appearance :
           MR. ANIL KUMAR JHA, G.A.-2 FOR THE APPELLANT
           WITH
           MR. UDAY BHAN SINGH, A.C. TO G.A.-2
           MR. SANJAY KUMAR FOR RESPONDENTS 2 TO 4 & 6
===================================================
         CORUM : HONOURABLE THE CHIEF JUSTICE
                  and
                  HONOURABLE MR. JUSTICE S.K. KATRIAR

                          Date : 14.07.2010

         ORAL ORDER

(Per : HONOURABLE MS. JUSTICE R. M. DOSHIT, CJ) Re. Letters Patent Appeal No. 1093 of 2010:-

As prayed for by Mr. Anil Kumar Jha, learned Government Advocate-2 appearing for the Appellant, let amendment in the cause title be made so as to implead the Magadh University to be represented through the Registrar -2- of the University as party-Respondent no.6.
Re. Interlocutory Application No. 6003 of 2010 Learned Advocate Mr. Sanjay Kumar appears and waives notice on behalf of Respondent nos. 2 to 4 and
6.

Let notice be issued to Respondent Nos. 1 and 5 in respect of hearing of the limitation Application and hearing and final disposal of the Letters Patent Appeal through court process as well as by registered post with acknowledgement due for which requisites must be filed within one week from today, failing which the limitation Application as well as the Appeal shall stand dismissed without further reference to the Bench.

Notice be made returnable on 18th August 2010.

Re. Interlocutory Application No. 6004 of 2010 Pending the appeal, the directions (reproduced hereinbelow) issued by the learned single Judge under order dated 12th May 2010 shall remain stayed: -

"... ... ... in order to expedite the receipt and disposal of the audit and verification work it is necessary that auditors deputed in -3- the University are subjected to the administrative control of the Vice Chancellor and their salary during the period of deputation is released on receipt of the absentee statement from the Vice-
Chancellor of the University. ... ... ..."

(R.M. Doshit, CJ) (S. K. Katriar, J) Pawan/-