Pushplata Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4489 of 2024 ====================================================== Pushplata Kumari W/o Manjit Singh Residence of VillageShakuana,P.S.Chauri, District-Bhojpur (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Education Officer, Bhojpur at Ara. 2.

The District Education Officer, Bhojpur at Ara. 3.

The Block Development Officer, Sahar, Bhojpur at Ara. 4.

The Block Education Officer, Sahar, Bhojpur at Ara. 5.

The Headmaster, Upgrade Middle School, Inrukhi, Sahar, Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Umesh Prasad, Advocate For the State :

Mr. Government Advocate 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-10-2024 Heard learned counsel for the parties.

2. The present writ application has been filed for quashing the order dated 02.09.2023 passed by the District Appellate Authority, Bhojpur in Appeal Case No. 13 of 2018 whereby and whereunder claim of petitioner has been rejected.

3. At the outset, learned counsel appearing on behalf of the State raises preliminary objection to the maintainability of this writ application on the ground that petitioner has got alternative statutory remedy before the State Appellate Authority. It is further submitted that no reasons have been assigned as to why this writ application shall be heard by this Hon'ble High Court, even when alternative statutory remedy to

Patna High Court CWJC No.4489 of 2024(2) dt.28-10-2024 2/2 move before the State Appellate Authority is available to the petitioner.

4. Learned counsel appearing on behalf of the petitioner is not in a position to dispute the contentions made on behalf of the State.

5. Considering the aforesaid facts and circumstances, this writ petition is disposed of with direction to the petitioner to move before the State Appellate Authority by filing appeal.

6. It is needless to say that if such appeal is preferred by the petitioner, the State Appellate Authority shall proceed in the matter and dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order, as expeditiously as possible.

(Prabhat Kumar Singh, J) shashank/- U