High Court Patna High Court - Orders

The State Of Bihar &Amp; Ors vs M/S Allied Infrastructure &Amp; … on 2 July, 2008

Patna High Court – Orders
The State Of Bihar &Amp; Ors vs M/S Allied Infrastructure &Amp; … on 2 July, 2008
     IN THE HIGH COURT OF JUDICATURE AT PATNA
                   LPA No.290 of 2008
              THE STATE OF BIHAR & ORS
                        Versus
    M/S ALLIED INFRASTRUCTURE & PROJECT PRIVATE
                    LIMITED & ORS
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For the appellants : Mr.P.K.Shahi, Advocate General

For the respondents : Mr. S.D.Sanjay, Advocate

——–

PRESENT

Hon’ble the Chief Justice
&
Hon’ble Mr. Justice Kishore K. Mandal

—-

Dated, the 2nd July, 2008.

The Advocate General and the counsel for the

respondent no.1 are ad idem that the subject matter of writ petition

(CWJC No.4305/2008) pertains to the jurisdiction of the Division

Bench. They further agree that the order passed by the Single Judge

on 20th March, 2008 be treated as non-est and the writ petition be

posted for admission before the Division Bench.

2. In view of the consensus that emerged amongst between

the Advocate General and the counsel for the respondent no.1, we are

satisfied that this appeal may be disposed of by following order:

(i) The subject matter of the writ petition (CWJC
No.4305/2008) pertains to the jurisdiction of the
Division Bench and may be posted for admission
on 8th July, 2008.

-2-

(ii) The impugned order dated 20th March, 2008 is
rendered ineffective since the subject matter
pertains to the jurisdiction of the Division Bench.

3. Needless to say that the consideration of the writ petition

and the prayer for interim relief by the Division Bench shall be

uninfluenced by the impugned order dated 20th March, 2008.

4. LPA is disposed of accordingly.

R.M. Lodha, CJ

Kishore K. Mandal, J.

Sunil