Patna HC disposed of a writ application. The court held no indulgence should be granted, allowing the petitioner common law suit remedies. The writ was disposed with liberty to sue.
Writ application disposed of with liberty to file a civil suit.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23873 of 2012
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Raj Mohan Singh, S/O Late Nihora Singh, R/O Village- Kandadih, Police Station- Bikramganj, District- Rohtas (SASARAM)
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Singh, Advocate. For the State : Mr. Asit Kumar Jha, AC to GP-2 For the Board : Mr. Gyan Shankar, Advocate.
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT
Date : 17-09-2018
Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Bihar School Examination Board.
Considering the issue involved in the present writ application and the judgments of the Apex Court in the case of
Patna High Court CWJC No.23873 of 2012 dt.17-09-2018 2/2
Sirsi Municipality by its President, Sirsi v. Cecelia Kom Francis Tellis reported in AIR 1973 SC 855 and of, Executive Committee of Vaish Degree College, Shamli & Ors. vs. Lakshmi Narain & Ors. reported in AIR 1976 SC 888 , no indulgence can be granted to the petitioner in the present case. However, liberty shall be available to the petitioner to avail common law remedy by way of filing suit before the competent civil court.
With the aforesaid liberty, the writ application is disposed of.
(Anil Kumar Upadhyay, J)
sujit/-
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1 issue framed by the court
Whether the petitioner should be granted indulgence or liberty to approach common law remedies.
Colour shows how this judgement treated each authority
Sirsi Municipality by its President, Sirsi v. Cecelia Kom Francis TellisReferred¶24
Sirsi Municipality by its President, Sirsi v. Cecelia Kom Francis Tellis reported in AIR 1973 SC 855 · Who else cites this
Executive Committee of Vaish Degree College, Shamli & Ors. vs. Lakshmi Narain & Ors.Referred¶24
Executive Committee of Vaish Degree College, Shamli & Ors. vs. Lakshmi Narain & Ors. reported in AIR 1976 SC 888 · Who else cites this
Raj Mohan Singh
State of Bihar
Bihar School Examination Board
Ram Kishore Singh Inter College
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
