Patna High Court

Sri Narayan Tiwary and AnrversusThe State Of Bihar and Ors

Decided: 7 January 2026
Disposal: D.F.D. (PRE-EMPTORY)
Bench: ALOK KUMAR SINHA

Holding

The Court held that the application is a Miscellaneous Jurisdiction Court application and dismissed the case in accordance with the earlier order.

Summary

Petitioners Narayan Tiwary and Vishnu Kant Gupta filed an application before the Patna High Court against the State of Bihar and officials of B.R. Ambedkar University. The application was mistakenly labeled as a writ petition in a prior order dated 26-11-2025. The Court clarified that the correct characterization is a Miscellaneous Jurisdiction Court (MJC) application. Relying on the earlier order, the Court found no further ground to proceed and dismissed the case. The judgment also corrected the terminology error, stating that the case stands dismissed in light of the previous order.

Issues considered

Whether the application filed by the petitioners should be treated as a writ petition or a Miscellaneous Jurisdiction Court (MJC) application.
Whether the case should be dismissed based on the earlier order dated 26-11-2025.

Subjects

Miscellaneous Jurisdiction
Civil Procedure
Writ vs MJC
Dismissal
Correction of order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.731 of 2019
                                                        In
                                 Civil Writ Jurisdiction Case No.22233 of 2012
                  ======================================================
            1.     Sri Narayan Tiwary and Anr S/o- Late Ramashray Tiwary R/o- Village-
                   Kaithwaliya, P.S.- Kalyanpur, Dist- East Champaran
            2.    Vishnu Kant Gupta S/o- Late Vaidyanath Prasad R/o- Baluatal,P.S.-
                  Motihari, Dist- East Champaran
                                                                   ... ... Petitioners
                                                 Versus
            1.    The State Of Bihar
            2.    R.K. Mahajan The Principal Secretary, Human Resources Department (Now
                  it is Education Department), Bihar, Patna
            3.    (Pro.) Rekha Kumari The Director, Higher Education,Human Resources
                  Department(Now it is Education Department), Bihar, Patna
            4.    The B. R. Ambedkar University, Muzaffarpur Through its Registrar Namely
                  Col. Ajay Kumar Rai.
            5.    Amrendra Narayan Yadav The Vice Chancellor, B.R. Ambedkar University,
                  Muzaffarpur, Dist- Muzaffarpur
            6.     Col. Ajay Kumar Rai The Registrar, B.R. Ambedkar University,
                   Muzaffarpur, Dist- Muzaffarpur
                                                            ... ... Opposite Parties
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Prabhakar Singh, Advocate
                  For the Opposite Party/s :       Mr. Ashutosh Ranjan Pandey (Aag15)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

8    07-01-2026                    This case stands dismissed in light of previous order

                    dated 26.11.2025. In the previous order dated 26.11.2025, by

                    mistake writ application was typed in place of MJC application.

                                 2. Accordingly, “MJC application” should be read in

                    place of “writ application”.



                                               (Alok Kumar Sinha, J)
Gaurav Sinha/-

U

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