Patna High CourtL.P.A/1049/2017dismissed

The State Of Bihar And ORS v. Afzal Alam And ANR

2018-05-04Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1049 of 2017 In Civil Writ Jurisdiction Case No.13856 of 2016 ======================================================

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2. The Principal Secretary, Department of Educatin, Government of Bihar, Patna.

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

4. The District Education Officer, West Champaran at Bettiah.

5. The District Programme Officer (Establishment), West Champaran at Bettiah.

... ... Appellant/s

Versus

1. Afzal Alam son of Late Vakil Ahmad resident of Village- Belwa, P.S.- Sathi, District- West Champaran at Bettiah.

2. The Headmaster, Minority Aided Janta Middle School, Anchal- Narkatiaganj, West Champaran at Bettiah.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Mr. Ranjan Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date : 04-05-2018 Delay of 276 days is condoned for the reasons indicated in I.A. No. 5272 of 2017. I.A. No. 5272 of 2017 is allowed. The matter is thereafter taken up on merits.

The order of the learned Single Judge, dated: 19.09.2016 is based on an earlier adjudication made in C.W.J.C. No. 23 of 2015 decided on 03.08.2015.

Patna High Court LPA No.1049 of 2017 dt.04-05-2018 2/2 Learned counsel for the State fairly accepts the position that an appeal preferred against the said writ application before a Division Bench has also been dismissed which was L.P.A. No. 1856 of 2016 disposed off on 16.03.2017. If that is so, then the impugned order cannot be said to be erroneous. In view of the same, the petition for stay as well as the appeal stands dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan-Ragini AFR/NAFR N.A.F.R.

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