Single Judge held unsuited to entertain a writ petition where a Public Interest Litigation pending before a Division Bench covers the same grievance. Application disposed accordingly.
Writ application disposed off.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.362 of 2016
====================================================== Shivesh Kumar, Son of Sri Jaikaran Singh, Resident of Village - Manchi, P.O.- Bhandari, Block Belsand, P.S.- Belsand, District - Sitamarhi
.... .... Petitioner/s Versus
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv. Mr. Pravin Kumar, Adv. Mr. Malay Kumar Choudhary, Adv. Mr. For the Respondent/s : Mr. Rakesh Kumar Shrivastava, AC to GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
10 28-08-2018 The nature of the grievance raised in the present writ application seems to be in the nature of a Public Interest Litigation.
Learned counsel for the petitioner admits that in this very matter the petitioner has filed a Public Interest Litigation which is pending consideration before the Hon’ble Division Bench of this Court.
In the opinion of this Court, if the Public Interest
Litigation in this very matter is pending and the grievance of the
Patna High Court Cr. WJC No.362 of 2016 (10) dt.28-08-2018
2
petitioner is connected with the same, considering the nature of the grievance, this Court sitting singally in its writ jurisdiction would not be the appropriate Court to entertain the grievance of the petitioner which is in the nature of a Public Interest Litigation. He can agitate all such pleas, which he is taking here, in the Public Interest Litigation or in an appropriate proceeding, as may be advised.
The application stands disposed off accordingly.
(Rajeev Ranjan Prasad, J)
Arvind/-
U T
1 issue framed by the court
Whether a single Judge can entertain a writ petition when the petitioner has already filed a pending Public Interest Litigation on the same grievance.
Shivesh Kumar
The State of Bihar
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
