IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.704 of 2006 THE MANAGING COMMITTEE, SWATANTRA MADHYA VIDYALAYA Versus THE STATE OF BIHAR & ORS ----------- For the appellant : Mr. Ganesh Prasad Singh, Senior Advocate Mr. Shambhu Nath, Advocate For the Respondents : Mr. Alok Kumar, J.C. to G.A. I. ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Dr. Ravi Ranjan ------- Dated, the 11th August, 2008. Heard Mr. Ganesh Prasad Singh, senior counsel for the appellant. 2. As a matter of fact, the writ petition filed by the appellant for the reliefs claimed for appears to be an abuse of the process of the court as it transpires from the petitioner’s (appellant herein) own case that a suit was filed earlier seeking declaration that Swatantra Madhamik Vidyalaya Panchaiti Akhara, Gaya is entitled to run the school viz., Swatantra Madhyamik Vidyalay, Gaya and receive grant from the Education Department. 3. The said suit came to be decreed ex-parte on 28th November, 1977. We refrain from commenting upon the legality and correctness of the said decree but suffice it to say that it was for the appellant to get the said decree executed through the process of law. - 2 - We are informed by the senior counsel that an application for execution of the said decree was filed but the execution case was dismissed. For whatever reason the execution case may have been dismissed, the same matter cannot be permitted to be raised in the extraordinary writ jurisdiction. 4. The impugned order passed by the Single Judge cannot be said to suffer from any legal infirmity. L.P.A. is dismissed in limine. R.M. Lodha, CJ Dr. Ravi Ranjan, J. Anil/