Patna High Court
Seth Ram Niranjan Das Murarka Sanskrit College,versusShyam Kumar Dwivedi
- Decided
- Disposal
- DISMISSED
Holding
The Letters Patent Appeal is dismissed as the matter is sub judice before the Single Judge.
Summary
The appellant, the Governing Body and In‑charge Principal of Seth Ram Niranjan Das Murarka Sanskrit College, filed a Letters Patent Appeal challenging an interim order dated 20 June 2025 that had been passed in a writ petition (C.W.J.C. No.2457 of 2021). The interim order directed the matter to be listed on 11 August 2025. The respondents filed a counter‑affidavit on 31 October 2025. The High Court observed that the writ petition was still pending before the learned Single Judge and therefore the appellate court should not interfere with the interim order at this stage. Consequently, the Court dismissed the Letters Patent Appeal, but allowed the appellant to raise all pleas before the Single Judge.
Issues considered
- The appellate court’s power to interfere with an interim order when the original writ petition is still sub judice before a Single Judge.
Subjects
- Letters Patent Appeal
- interim order
- sub judice
- writ jurisdiction
- appeal dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.757 of 2025
In
Civil Writ Jurisdiction Case No.2457 of 2021
======================================================
1. Governing Body of Seth Ram Niranjan Das Murarka Sanskrit College,
Chowk Patna City, Dist- Patna.
2. In-charge Principal of Seth Ram Niranjan Das Murarka Sanskrit College,
Chowk Patna City, Dist- Patna.
... ... Appellant/s
Versus
1. Shyam Kumar Dwivedi son of Dr. Bachaspati Dwivedi, Assistant Professor
in the faculty of Economics in Seth Ram Niranjan Das Murarka Sanskrit
College, Chowk Patna City, Dist- Patna, At present son of Sri Bachaspti
Dwivedi, resident of mohalla- Dharmshala Gali Chowk Patna City, P.S- City
Chowk, District- Patna.
2. The State of Bihar through Principal Secretary Department of Education
Govt. of Bihar, Patna,
3. The Principal Secretary, Department of Higher Education Govt. of Bihar,
Patna
4. Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar
Darbhanga, Dist- Darbhanga through its Registrar,
5. Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar Darbhanga,
6. Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar
Nagar Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sanjeev Kumar Jha, Advocate
For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG-13
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
9 22-04-2026 The present Letters Patent Appeal has been filed
challenging the interim order dated 20.06.2025.
2. Upon perusal of the impugned order, it transpires
Patna High Court L.P.A No.757 of 2025(9) dt.22-04-2026
2/2
that the matter was directed to be listed on 11.08.2025. It further
appears that Respondent Nos. 6 and 7, who are the appellants in
the present L.P.A., have filed their counter affidavit in the writ
petition, being C.W.J.C. No.2457 of 2021, on 31.10.2025.
3. In view of the fact that the matter is presently sub
judice before the learned Single Judge, this Court is not inclined
to interfere with the impugned order at this stage.
4. Accordingly, the present Letters Patent Appeal
stands dismissed, with the liberty to the appellant to raise all the
pleas before the learned Single Judge.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
rohit/-
U
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