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Patna High CourtMJC/38/2019allowed

Reeta Kumari v. The State Of Bihar And ORS

2022-09-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.38 of 2019 In Civil Writ Jurisdiction Case No.1967 of 2013 ====================================================== Reeta Kumari Daughter of Shri Bodhnath Singh, Resident of VillageBhusaulwa, Police Station- Rajpur, District- East Champaran at present wife of Rajnish Singh, Village Sabalpur, P.S.- Sangrampur, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director, Primary Education, Bihar, Patna. 3.

The Member, District Teacher Appointment Appellate Authority, East Champaran.

4.

Kamini Kumari, Wife of Sri Chandra Bhushan Kumar Singh, Resident of Village and Post Bakhari Mahesh, Police Station- Kalyanur, District- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ashutosh Ranjan Pandey AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-09-2022 Re:- M.J.C. No. 38 of 2019 Heard the parties.

This application has been filed for restoration of C.W.J.C. No. 1967 of 2013, which was dismissed for default vide order dated 08.10.2015.

For the reasons mentioned in this application, it is allowed and C.W.J.C. No. 1967 of 2013 is restored to its original file.

Patna High Court MJC No.38 of 2019(3) dt.09-09-2022 2/2 Re:- C.W.J.C. No. 1967 of 2013 I.A. No. 2 of 2014 (4235 of 2014) This Interlocutory Application has been filed for seeking amendment in the prayer portion of the main writ petition.

For the reasons mentioned, this Interlocutory Application is allowed. The prayer portion of the writ petition is permitted to be amended.

In view of the fact that the order dated 18.06.2013 has been passed by the District Teachers Appellate Authority, the petitioner has remedy to file an appeal against the order dated 18.06.2013 in the State Appellate Authority.

He is permitted withdraw this writ application and file an appropriate application before the State Appellate Authority against the orders which have been challenged in the writ petition.

If the petitioner prefers the appeal within 30 days, the same shall be heard on merits without any objection on limitation.

(Sandeep Kumar, J) Shishir/- U