Mahabir Tanti vs The State of Bihar and Others

The delay in filing the appeal is condoned.

This Letters Patent Appeal has been filed against the order dated 29 April, 2003 on C.W.J.C. No. 778 of 2003 : Mahavir Tanti v. The State of Bihar and Ors.

The writ petition was dismissed on the ground that the issues as were raised, disputed questions of fact, cannot be determined by the High Court in its writ jurisdiction. This Court is of the opinion after having examined the records of the writ petition, the Letters Patent Appeal and upon having heard learned Counsel for the Appellant that the order of the learned Judge does not suffer from any error.

The issue whether the Petitioner is a member of the Trade Union or not, truly, is a disputed question of fact. Evidence would have to be led to show the nexus between the person and the Trade Union. There cannot be any disposition before the High Court in its writ jurisdiction neither any cross examination.

Thus, the petition had been rightly dismissed. The Petitioner has a remedy, if he wants to raise issues contended in the petition, by a civil action.

Dismissed.