The Court held it cannot issue a writ of mandamus to direct the take over of an institution as it falls within administrative policy. The respondents were directed to decide within six months.
Direct the respondents to take a final decision on the institution take over within six months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3531 of 2017
======================================================
Pappu Kumar aged about 41 years Son of Bijay Kumar Pandey, Resident of Village+ P.O.- Amawa, P.S.- Bind, District- Nalanda.
.... .... Petitioner/s
Versus
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. G. Yadav For the Respondent/s : Mr. Vinay Kumar Mishra, AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 05-12-2017 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
Counsel for the petitioner with reference to Annexure-9 and 9/1 submits that similar matter was disposed of by this Court vide Annexure-9 and 9/1, this writ petition may also be disposed of in similar terms. The issue of take over of the institution is within the administrative domain of the State for which no positive direction can be given by this court.
It is made clear that this court cannot issue mandamus for taking over of the institution as it is within the realm of administrative decision governed by the policy decision of the State Government. If the State Government is still
Patna High Court CWJC No.3531 of 2017 (2) dt.05-12-2017
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maintaining policy to take over institution they may consider the case of the petitioner in the light of the policy decision. In the event, the State Government has taken policy decision not to take over any institution, the State Government, may reject the claim for take over the intuition.
The respondents are required to take final decision on the issue whether the institution proposed to be taken over or not within a period of six months from the date of receipt/production of a copy of this order.
With the aforesaid, the writ application stands
disposed of.
(Anil Kumar Upadhyay, J)
Ravi/-
U
2 issues framed by the court
Whether specific direction can be issued for the take over of an institution governed by administrative policy.
Whether the State Government should be granted time to ensure a final decision on the institution take over.
Pappu Kumar
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
