Single judge dismissed the petitioners' writ application on the ground that an identical suit in representative capacity was already pending before a civil court for seeking the same relief, directing petitioners to assist the plaintiff.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5124 of 2014
=========================================================== 1. Md. Mazharul Haque Son Of Late Md. Imadul Haque Resident Of MohallaHabibpur, Police Station- Habibpur, Post Office- Habibpur, District- Bhagalpur 2. Md. Jawedur Rahman Khan, Son Of Late Khalilur Rahman, Resident Of Mohalla- Daud Chak, Police Station- Habibpur, Post Office- Habibpur, DistrictBhagalpur 3. Md. Altamash Alam Son Of Md. Qamruddin, Resident Of Mohalla- Habibpur, Police Station- Habibpur, Post Office- Habibpur, District- Bhagalpur 4. Md. Sarfraz Alam Son Of Md. Siddique Resident Of Village- Khiribandh, Post Office- Khiribandh, Police Station- Jagdishpur, District- Bhagalpur 5. Md. Inamul Hoda, Son Of Md. Noorul Hoda, Resident Of Mohalla- Habibpur, Police Station- Habibpur, Post Office- Habibpur, District- Bhagalpur 6. Md. Rustam Son Of Md. Shamshad, Resident Of Mohalla- Habibpur, Police Station- Habibpur, Post Office- Habibpur, District- Bhagalpur 7. Md. Mushtaque Ahmad Son Of Md. Habib Ahmad Resident Of MohallaHabibpur, Police Station- Habibpur, Post Office- Habibpur, District- Bhagalpur
.... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary, Department Of Education, Government Of Bihar, Patna
.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Harendra Prasad Singh, Sr. Advocate For the Respondent/s : Mr. Sanjayu Kumar Ojha, AC to GP-18 For the University : Mr. Rajendra Kumar Giri =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 23-11-2015 ***************
23.11.2015 Heard learned counsel for the parties. The writ application of the petitioner is dismissed on the sole ground that for similar and identical relief a suit in representative capacity has
Patna High Court CWJC No.5124 of 2014 dt.23-11-2015
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already been filed before the Court of 2nd Munsif, Bhagalpur. The suit is numbered as Title Suit No. 130 of 2014.
The Court has occasion to have a look at the copy of the plaint, which has been produced by counsel representing the institution. The submission of the senior counsel of the said institution seems to be correct on the perusal of the relief in the writ application as well as the so called amended prayer in I. A. No. 5006 of 2014.
Since the suit is in representative capacity, let these petitioners also come to the aid and assistance of the plaintiff for reaching a valid declaration.
Writ application stands dismissed.
(Ajay Kumar Tripathi, J.)
SKM/-
U
1 issue framed by the court
Whether a writ application for specific relief should be allowed when an identical suit in representative capacity is already pending in a civil court.
Md. Mazharul Haque and others
The State Of Bihar
The Tilka Manjhi, Bhagalpur University
The Divisional Commissioner, Bhagalpur
The District Magistrate, Bhagalpur
The District Education Officer, Bhagalpur
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
