IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1136 of 2011 In Civil Writ Jurisdiction Case No. 13030 of 2002 With Interlocutory Application no. 5460 of 2011 In Letters Patent Appeal No. 1136 of 2011 ====================================================== 1. The State of Bihar. 2. The Chief Secretary, Govt. of Bihar, Patna. 3. The Secretary, Department of Science & Technology, Govt. of Bihar, Patna. 4. The Commissioner-Cum-Secretary, Department of Finance, Govt. of Bihar, Patna. ........ Appellants Versus 1. Birla Institute of Technology, Mesra, Ranchi through its Vice-Chancellor Dr. S.K. Mukherjee (at Present ...................................................-Vice- Chancellor) resident of B.I.T Campus, Mesra, P.S.- Sadar Ranchi, Distt.- Ranchi 2. The Chief Secretary, the State of Jharkhand. 3. The Union of India through Home Ministry, New Delhi. .... .... Respondents ====================================================== Appearance : For the Appellants : Mr. Gautam Bose, A.A.G.-8 For the Respondents : Mr. Jitendra Singh, Sr. Advocate with Mr. Rajiv Kumar Singh with Mr. Harsh Singh, Advocates ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Patna High Court LPA No.1136 of 2011 (6) dt.21-10-2011 2 6 21-10-2011 This Appeal under Clause 10 of the Letters Patent preferred by the State of Bihar arises from the judgment and order dated 27th January 2011 passed by the learned single Judge in above C.W.J.C. No. 13030 of 2002. The matter at dispute is the amount of financial assistance to be paid to the respondent Birla Institute of Technology, Mesra, Ranchi. The liability to pay the amount is not disputed. If at all, the dispute is in respect of the extent of liability of each of the states i.e., State of Bihar and State of Jharkhand. The learned single Judge has issued direction to the State of Bihar to pay the amount. As to the liability of the State of Jharkhand, the learned single Judge has observed that two States can sit together and resolve the extent of liability each of the States will share. Learned Advocate Mr. Gautam Bose AAG-8 has appeared for the appellant State of Bihar. He admits that the State of Bihar does not dispute its liability to pay the sum of Rs. 3.58 crores but there is some dispute with respect to the claim of Rs. 4.7214 crores. It may be noted that the said claim has not been disputed by the State of Bihar by filing the counter affidavit. In absence of any dispute the learned single Judge has rightly issued mandamus against the State of Bihar. We see no merit in this Appeal. Appeal is dismissed in limine. Interlocutory Application stands disposed of. BTiwary/Devendra/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)