Civil writ petition challenging an order mandating all cases for out of turn posting to be listed only before the Chief Justice. The court found no illegality or merit based on precedent and disposed of the petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.25154 of 2019
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Sanjeev Kumar Mishra, Son of Sri Manik Prasad Mishra, Resident of Jyotipuram Colony, Khajpura, P.O. B.V. College P.S.- Rajiv Nagar Patna.
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Mishra (In Person) For the Respondent/s : Mr. Mrigank Mauli, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 16-12-2019 Petitioner has prayed for the following reliefs:-
“ (i) For issuance of an appropriate writ in the nature of mandamus commanding the Respondent No.3 to recall the order published in daily cause list of Patna High Court dated 13.11.2019 issued under the signature of the Respondent No.3 by the order of Hon’ble the Chief Justice by which all the mentioning for out of turn posting of the case shall be mentioned only before the Hon’ble the Chief Justice, Patna High Court, contrary to the provisions of Patna High Court Rules.
Patna High Court CWJC No.25154 of 2019(2) dt.16-12-2019 2/2
In view of the law laid down by Hon’ble the Apex Court in State of Rajasthan versus Prakash Chand and others, (1998) 1 SCC 1; Kamini Jaiswal verus Union of India & another, (2018) 1 SCC 156; and Shanti Bhushan versus Supreme Court of India through its Registrar and another , (2018) 8 SCC 396 , we do not find any illegality in the order or merit in the present petition.
Petition is, accordingly, disposed of.
(Sanjay Karol, CJ)
(Anil Kumar Upadhyay, J)
Sunil/-
U
2 issues framed by the court
Whether the single bench order regarding out of turn posting is illegal under Patna High Court Rules.
How the law laid down in State of Rajasthan versus Prakash Chand and others, Kamini Jaiswal and Shanti Bhushan applies to the present petition.
Colour shows how this judgement treated each authority
State of Rajasthan versus Prakash Chand and othersReferred¶20
State of Rajasthan versus Prakash Chand and others, (1998) 1 SCC 1 · Who else cites this
Kamini Jaiswal verus Union of India & anotherReferred¶20
Kamini Jaiswal verus Union of India & another, (2018) 1 SCC 156 · Who else cites this
Shanti Bhushan versus Supreme Court of India through its Registrar and anotherReferred¶20
Shanti Bhushan versus Supreme Court of India through its Registrar and another, (2018) 8 SCC 396 · Who else cites this
Sanjeev Kumar Mishra
The High Court of Judicature at Patna through its Registrar General
The Registrar General High Court of Judicature at Patna
The Registrar (List) Patna High Court
Sanjay Karol
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
