IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.241 of 2011 IN CWJC No. 20145 of 2010 With I.A. No. 1077 of 2011 With I.A. No. 1160 of 2011 In Letters Patent Appeal No.241 of 2011 ============================================= The Managing Committee of Madrasa Darul Hoda - Appellant (s) Versus The State of Bihar & Ors. - Respondent(s) ============================================= Appearance: For the Appellant : Mr. A.J. Bahadur Mr. Md. Anis Akhtar For the Respondent: Mr. Ajay, SC-11 ============================================= CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04. 18.03.2011 The appellant, Secretary of Managing Committee of Madrasa Darul Hoda, has filed Interlocutory Application No. 1160 of 2011 for leave to Appeal against the order dated 19th January 2011, made by the learned Single Judge pending above C.W.J.C. No. 20145 of 2010. Under the impugned order, by ad-interim relief, the learned Single Judge has directed that the Management of the aforesaid Madrasa be taken over by the District Magistrate, Katihar and that he should identify the students studying in the Madrasa and to submit a list of students eligible to take the next 2 Board examination etc. It is the grievance of the appellant that without impleading or issuing notice to the Managing Committee, the Managing Committee has been virtually dissolved by the impugned order. Considering the nature of the directions issued by the learned Single Judge, the order appears to have been exhausted. In any view of the matter, if the appellant is aggrieved, he has a remedy before the learned Single Judge; to be impleaded in the writ petition as party respondent and to move the Court for vacation of the ad-interim order under Article 226(3) of the Constitution or under Order 39 Rule 4 C.P.C. The appellant having alternative, efficacious remedy, the present Appeal need not be entertained. We accordingly dispose of the Letters Patent Appeal and the Interlocutory Applications. We clarify that we have not examined the merits of the Appeal. The appellant will have liberty to approach the learned Single Judge for appropriate remedy. S.Sb/- (R.M. Doshit, CJ.) (Jyoti Saran, J.)