IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1006 of 2011 In Civil Writ Jurisdiction Case No. 5830 of 2011 ====================================================== Niraj Kumar, Son of late Suraj Narain Sriwastava, resident of Village South of Buddha Dental College, Mahatma Gandhi Nagar, Kankarbagh, Patna-26. .... .... Appellant/s Versus 1. The State of Bihar through Commissioner, Department of Rural Development Govt. of Bihar. 2. The District Magistrate, Patna. 3. The Block Development Officer, Phulwarisharif, Patna. 4. The Junior Engineer, Phulwarisharif Block, Patna. 5. The Mukhiya Gram Panchyat Raj, Koriyawan, Phulwarisharif, Patna. 6. The Panchayat Secretary, Gram Panchyat Raj, Koriyawan, Phulwarisharif, Patna .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Arun Kumar Tiwari, Advocate For the Respondent/s : Mr. Roy Shivaji Nath AAG-3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 14-07-2011 Feeling aggrieved by the judgment and order dated 11th May 2011 passed by the learned single Judge in above CWJC No.5830 of 2011, the writ petitioner has preferred this appeal under Clause 10 of the Letters Patent. The appellant has filed above CWJC No.5830 of 2011 for recovery of a sum of Rs.3,79,436/- from the respondents Gram Panchayat Raj, Koriyawan, Phulwarisharif, Patna being the price of the goods supplied by the petitioner. Patna High Court LPA No.1006 of 2011 (2) dt.14-07-2011 2 The petition filed under Article 226 of the Constitution is in the nature of money suit and such a petition does not lie. However, the learned single Judge has recorded that the amount demanded by the petitioner is disputed. The petition for recovery of disputed amount shall certainly not lie. For the aforesaid reasons, the appeal is dismissed. M. Rahman/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)