Patna High Court
St. Pauls International SchoolversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Letters Patent Appeal is disposed without interfering with the Single Judge’s order and without expressing any view on the merits.
Summary
St. Paul’s International School appealed a order of the Patna High Court Single Judge dated 22‑12‑2025 which held that the matter required a full hearing and declined to grant any interim relief, directing the case to be listed on 5 January 2026. The appellant argued that the matter had not been heard despite multiple listings and that urgency warranted an interim order. The Court noted that the matter had indeed been listed repeatedly without a final hearing and that the appellant could raise urgency before the Single Judge. No opinion was expressed on the merits of the underlying dispute, and the Letters Patent Appeal was disposed without alteration of the lower court’s order. Consequently, any interlocutory applications, if filed, were also dismissed.
Issues considered
- Whether the Single Judge erred in refusing to grant interim relief in a matter requiring urgent hearing
- Whether procedural delays in listing the case justify intervention by the Letters Patent Appeal
Subjects
- Letters Patent Appeal
- interim relief
- procedural delay
- Civil Writ Jurisdiction
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.33 of 2026
In
Civil Writ Jurisdiction Case No.20019 of 2025
======================================================
St. Paul’s International School, Road No. 1, Near Kalibari, Gupta Complex,
DVC Road, Gardanibagh, Patna through its director namely Danish Abdin
male aged about 43 years son of Sri Sarwar Abdin, resident of Sanichara
Road, Sandalpur, Mahendru Patna, Bihar- 800006.
... ... Appellant/s
Versus
1. The State of Bihar through the Secretary, Urban Development and Housing
Department, Government of Bihar.
2. The Secretary, Urban Development and Housing Department, Government
of Bihar.
3. The Patna Municipal Corporation, Maurya Lok Complex, Patna through the
Municipal Commissioner.
4. The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok
Complex, Patna.
5. The District Magistrate, Patna.
6. The Sub-Divisional Officer, Patna.
7. The Circle Officer, Patna.
8. The SHO, Gardanibagh Police Station, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bindhyachal Singh, Sr. Advocate
Mr. Pawan Kumar Singh, Advocate
Mr. Ajay Kumar Singh, Advocate
For the State : Mr. P.K. Shahi, Advocate General
Mr. Ajay, G.A.-5
For the P.M.C. : Mr. Prasoon Sinha, Sr. Advocate
Mr. Prabhat Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 02-02-2026
This Letters Patent Appeal has been filed challenging
the order dated 22.12.2025 passed by the leaned Single Judge in
Patna High Court L.P.A No.33 of 2026 dt.02-02-2026
2/3
C.W.J.C. No. 20019 of 2025.
The order reads as follows:-
“The matter requires hearing and final
disposal, therefore, no interim orders can be
passed at this case.
2. Post this matter on 5th January, 2026.”
2. When we made a query to the learned counsel for
the appellant as to what happened on 5th January, 2026 when the
matter was directed to be listed, the learned counsel informed us
that the matter could not be taken up on that day, and though it
was listed thereafter also, the final hearing has not taken place.
3. From the data available on the High Court Website,
it appears that on various dates the matter was listed before the
learned Single Judge for admission.
4. The learned Advocate General informed us that the
matter was listed last time on 31.01.2026, which is also not
disputed by the learned counsel for the appellant. He, however,
submits that though the matter was posted to today but it has not
been listed and since there is urgency involved in the matter and
the interim order has not been passed therefore, the learned
Single Judge may be requested to hear the matter at the earliest.
5. It is open to the appellant to make a mention before
the learned Single Judge indicating the urgency in the matter
Patna High Court L.P.A No.33 of 2026 dt.02-02-2026
3/3
which will be considered in accordance with law.
6. It is made clear that we are expressing no opinion
on the merits of the case.
7. Accordingly, the Letters Patent Appeal is disposed
of.
8. Interlocutory Application(s), if any, shall stand
disposed of.
(Sangam Kumar Sahoo, CJ)
(Nani Tagia, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date 02.02.2026
Transmission Date
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