Manorma Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1313 of 2019 ====================================================== Manorma Kumari W/o Prem Sagar Singh Vill.-Sisma, P.o.-Mahsaura, P.s.- Lakhisarai (O.P. Ramgarh), Distt.- Lakhisarai at present Ward No.-07 Near Sub Post Office- Lakhisarai, Lakhisarai, Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors through the Principal Secretary, Human Resources Department, Govt. of Bihar, Patna 2.

The Director Secondary Education, Govt. of Bihar, Patna 3.

The Regional Deputy Director of Education Munger Division, Munger-cumEnquiry Officer 4.

The District Education Officer Lakhisarai 5.

The District Programme Officer Lakhisarai 6.

The District Programme Officer R.M.S.A. Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Vinay Prasad Singh (Sanjay) Mr. Rajeev Ranjan Sinha For the Respondent/s :

Mr. Madhaw Pd. Yadaw (GP-23) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-01-2025

1. Heard learned counsel for the petitioner and learned Government Pleader-23 for the State.

2. The learned counsel for the State submits that petitioner has rushed to this Court without availing his alternative remedy against the order impugned in the instant writ application.

3. The learned counsel appearing on behalf of the petitioner submits that no doubt, petitioner has an alternative remedy, but then, petitioner had filed this writ application before this Court in the Year 2019 and the case has remained pending,

Patna High Court CWJC No.1313 of 2019(14) dt.21-01-2025 2/2 as such, issue of limitation will arise, if appeal is filed.

4. After hearing the learned counsel for the parties, the Court finds that petitioner rushed to this Court instead of availing his alternative remedy of appeal, as such, the Court is not inclined to entertain the writ application.

5. The writ application is thus dismissed.

6. However, the dismissal will not preclude the petitioner from pursuing his remedy of appeal against the order impugned in the instant writ application.

7. It is further made clear that if issue of any limitation arises, the authority competent before whom the appeal shall be filed will keep in mind that petitioner was pursuing his remedy before this Court since 2019. (Satyavrat Verma, J) vikash/- U