The Patna High Court dismissed a writ petition challenging the adjustment of dues by the State against a private truck owner. The court held the petition was not prima facie maintainable as it affected the rights of a private person.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7816 of 2021
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Shambhu Manjhi Son of Late Bhav Sagar Manjhi Resident of VillageSherpur, P.S. - Gaura, District- Saran, Chapra, at present posted as Block Statistical Supervisor Block Bathnaha, District- Sitamarhi.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Subodh Prasad, Advocate For the Respondent/s : Mr.Lalit Kishore ( Ag )
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER
3 18-02-2022 This matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 Pandemic.
On 11.02.2021, the following order was passed:-
“The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.
Prima facie the present petition is not maintainable as the petitioner is asking for direction to 7th respondent – The District Magistrate, State Food Corporation, Kishanganj
Patna High Court CWJC No.7816 of 2021(3) dt.18-02-2022 2/2
for issuance of notice to 9th respondent – Mohd. Sultan (Truck Owner) in respect of adjusting certain outstanding amount of Rs. 14,09,965.30/-. He has to apprise this Court on the next date of hearing as to how the present petition is maintainable under Article 226 of the Constitution insofar as affecting the right of the 9th respondent who is a private person.
Re-list this case on 18.02.2022.
If there is no representation, petition would be dismissed with reference to the aforesaid observation.”
Today, learned counsel for the petitioner has not
apprised as to how the present petition is maintainable.
Accordingly, the present petition stands dismissed in
the light of observation made on 11.02.2022.
(P. B. Bajanthri, J)
Vikash/-
U
1 issue framed by the court
Whether the writ petition challenging the adjustment of outstanding amount against a private respondent is maintainable under Article 226 of the Constitution.
Shambhu Manjhi
The State of Bihar
Mohd. Sultan
P. B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
