This Letters Patent Appeal challenged a single judge order refusing to entertain a writ petition for payment of a contract bill on the ground that the dispute concerned rates and was a money claim. The Division Bench agreed that writ jurisdiction was inappropriate and dismissed the present appeal.
The Appeal is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.377 of 2018
IN
Civil Writ Jurisdiction Case No. 1816 of 2018
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Samadhaan Seva Samiti, having its office 1-D/206 G.D. Mishra Path, Near Dr. Reeta Dayal, behind Rajkishori Apartment, New Patliputra Colony, P.S.-Rajeev Nagar, District-Patna, through its Secretary Atul Shrestha son of late Murari Mohan Prasad, Resident of Diwan Mohalla, Tarni Prasad Lane, Patna City, P.S.-Khajekala, District-Patna-800008.
.... .... Appellant/s Versus
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Sanjeev Nikesh
For the Respondent/s : Mr. YOGENDRA PRASAD SINHA- AAG7
=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) Date: 12-04-2018
Challenge in the present Letters Patent Appeal is to the judgment dated 23.02.2018 passed by the learned Writ Court in Civil
Writ Jurisdiction Case No.1816 of 2018 by which the Writ Court has refused to entertain the writ application for a direction to the respondents to make payment of the admitted amount of contract bill
Patna High Court LPA No.377 of 2018 dt.12-04-2018
2
of Rs.42,89,532.12/-.
Patna High Court LPA No.377 of 2018 dt.12-04-2018
3
accordingly, dismissed.
(Rajendra Menon, CJ)
(Rajeev Ranjan Prasad, J)
Arvind/-
AFR/NAFR NAFR CAV DATE N/A Uploading Date 17.04.2018 Transmission N/A Date
1 issue framed by the court
Whether a Letters Patent appeal is maintainable when the underlying writ petition was rightly dismissed as a pure money claim not entertained under Article 226 jurisdiction.
1 provisions across 1 enactments
Samadhaan Seva Samiti
The State of Bihar
Chief Justice Rajendra Menon
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
