Petitioner filed a writ challenging a private dispute over a Madarsa against the respondent no.8. The court held it cannot entertain the writ for a private dispute and disposed of the application allowing the petitioner to file a civil suit.
Writ application disposed of with liberty to file a civil suit; no other relief granted.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20669 of 2018
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Md. Merajuddin, son of Late Md. Muslim, resident of Village-Pakrihar, P.S. Chanpatiya, District West Champaran, Grandson of Founder and Care Taker of Andar Kabristan Madarsa Darul Islam at Village-Pakarihar under Panchayat Raj-Kudwa Mathiya, Ward No. 16, P.S. Chanpatiya, West Champaran
... ... Petitioner/s
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Binay Kant Mani Tripathi For the State : Mr. Prabhakar Jha- GP-27 Mr. Umesh Narayan Dubey, AC to GP-27 For the Madarsa Board : Mr. Md. Rashid Alam
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
2 26-10-2018
On going through the pleadings in the
writ application, it is apparent that there is private dispute over the Madarsa, in question, between the petitioner and respondent no.8, which cannot be gone into in the present proceeding under Article 226 of the Constitution of India.
The petitioner will be at liberty to file a
civil suit or take any other action which he may be advised under law.
Patna High Court CWJC No.20669 of 2018(2) dt.26-10-2018 2/2
This writ application stands disposed of
with the said liberty.
(Chakradhari Sharan Singh, J)
HR/-
U
1 issue framed by the court
Whether a writ can be entertained to adjudicate a private dispute between the petitioner and respondent no.8 regarding the Madarsa.
1 provisions across 1 enactments
Md. Merajuddin
The State of Bihar, etc.
The Bihar State Madarsa Board
Md. Hasruddin
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
