Dismissed

Sikandar Das and Ors. v. The State Of Bihar and Ors.

Patna HC12 Oct 2018CWJC/932/2018

Case brief

AI extract

What is this about?

Petitioners sought a direction to take over a Boys' School allegedly functioning at a Constable Training School in Bhagalpur for over 15 years. The respondent denied the school's existence. The court held the application lacked bonafide and was devoid of merit as the relief could not be issued under Article 226. The writ was dismissed accordingly.

What the court decided

AI extract

Sikandar Das and Ors. Vs The State Of Bihar… — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.932 of 2018

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Sikandar Das, son of Bechan Das, resident of Mohalla C.T. Lane, P.O. Champa Nagar, P.S. Nath Nagar, District- Bhagalpur.

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Lalita Devi, wife of Saheb Mandal, resident of Village- Nasarat Khani, P.O. Champa Nagar, P.S. Nath Nagar, District Bhagalpur.

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Ajay Kumar Sharma, son of Sagar Mahto, resident of VillageChauki Niyamatpur, P.O. Champa Nagar, P.S. Nath Nagar, District- Bhagalpur.

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Sushma Bharti, wife of Bablu Thakur, resident of VillageChauki Niyamatpur, P.O. Champapur, P.S. Nath Nagar, DistrictBhagalpur.

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Shekhar Kumar Jha, son of Mahendra Narayan Jha, resident of Tetarhat, P.O. & P.S. Kajrally, District- Bhagalpur.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

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The Secretary, Home Department, Government of Bihar, Patna.

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The Director General of Police, Bihar, Patna.

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The I.G. Training, Bihar, Patna.

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The I.G. (Inspection and Legal Cell), Bihar, Patna.

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The D.I.G., East Zone, Bhagalpur.

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The S.P. Training, Nath Nagar, Bhagalpur.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Sanjay Kumar Pandey For the Respondent/s : Mr. Prabhat Ranjan Singh, AC to AAG-15 ==================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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ORAL ORDER

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6 12-10-2018 This writ application has been filed seeking a direction to the respondent-authority to take over the Boys’ School along with its employees which, according to the petitioner, was running at Constable Training School, Nath Nagar, Bhagalpur since 2002 and was providing education facility to wards of the employees of C.T.C. Nath Nagar upto Class VII.

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Patna High Court CWJC No.932 of 2018(6) dt.12-10-2018 2/2

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The petitioners claim that they were appointed as employees and teachers of the said School by the Managing Committee of the School.

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A counter affidavit has been filed, sworn by the Principal of Constable Training School, Nath Nagar, wherein it has been stated that there is no such school existing in the campus of the Training School. The assertion made in the writ application has been denied.

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In my view, this writ application lacks boanfide . In any view of the matter, the direction, as sought, cannot be issued by this Court in exercise of the jurisdiction under Article 226 of the Constitution of India, in the facts and circumstances of the case.

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This writ application is devoid of merit and is accordingly dismissed.

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(Chakradhari Sharan Singh, J)

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HR/-

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Sikandar Das and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What the court decided

Sikandar Das and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What the court decided

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