Patna High Court
Lalan KumarversusThe State of Bihar, through the Collector/District Magistrate, Patna, Distt.- Patna.
- Decided
- Disposal
- CONVERTED
- Bench
- ARUN KUMAR JHA
Holding
A writ petition under Article 226 is not maintainable against a judicial order.
Summary
Lalan Kumar filed a writ petition under Article 226 of the Constitution challenging a judicial order. The High Court held that a writ under Article 226 is not maintainable against a judicial order. The petitioner sought permission to convert the petition to an appropriate remedy under Article 227 or Section 528 of the Bihar Non-Contempt Statutes. The Court granted permission for conversion and directed the petitioner to file the revised petition within two weeks, ordering the office to cooperate. No final decision on the merits of the original dispute was made.
Issues considered
- Whether a writ petition under Article 226 of the Constitution is maintainable against a judicial order
- Whether the petitioner may convert the petition to one under Article 227 or Section 528 of the BNSS
Legislation cited
- Constitution of India — s. Article 226, Article 227
Subjects
- writ jurisdiction
- Article 226
- Article 227
- Section 528
- maintainability
- judicial order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.3274 of 2025
Arising Out of PS. Case No.-418 Year-2024 Thana- ATHMALGOLA District- Patna
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Lalan Kumar S/O Manjetar Rai @ Majetar Rai R/O Village- Kund, P.S-
Dinara, Distt.- Rohtas, At present address- Nearbani High Way Bank Bord
Braize, Shapur, Distt.- Junagadh, Gujrat 362205.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Collector/District Magistrate, Patna, Distt.-
Patna. Bihar
2. The Senior Superintendent of Police, Distt.- Patna. Bihar
3. The Superintendent of Police (Rural), Distt.- Patna. Bihar
4. Sub- Divisional Police Officer of Barh, Distt.- Patna. Bihar
5. The S.H.O, Athmalgola Police Station, Distt.- Patna. Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Sinha, Adv.
For the Respondent/s : Mr. Sita Ram Yadav, GP 16
Mr. Jitendra Kumar, AC to GP 16
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 05-02-2026 The present writ petition has been filed for setting
aside a judicial order and evidently a writ petition under Article
226 of the Constitution of India is not maintainable against a
judicial order.
02. Faced with the situation, learned counsel for the
petitioner seeks permission to convert the present petition into
an appropriate petition under Article 227 of the Constitution of
India or under Section 528 of the BNSS.
03. Permission is accorded.
04. He is directed to convert the same within two
Patna High Court CR. WJC No.3274 of 2025(2) dt.05-02-2026
2/2
weeks.
05. Office is directed to extend all cooperation
towards conversion.
(Arun Kumar Jha, J)
Anuradha/-
U T
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