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Patna High CourtCWJC/17825/2016disposed

Sunil Kumar Ram And ORS v. The State Of Bihar And ORS

2018-02-13Mr. Justice Dr. Anil Kumar Upadhyay4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17825 of 2016 ======================================================

1. Sunil Kumar Ram Son of Late Jitan Ram Resident of village - Narayanpur, P.O. + P.S. Narayanpur, Block Agiaon, District Bhojpur

2. Umrabati Devi Wife of Shashi Kant Rajak Resident of village - Chilhar, Police Station Azimabad, District - Bhojpur

3. Seraj Ansari Son of Aash Mohammad Resident of village - Nanun, Police Station Sahar, District Bhojpur

4. Ajmeri Khatoon Wife of Md. Tafazullah Hussain Resident of village - Dhabri, P.O. Bargawa, Police Station Narayanpur, District Bhojpur

5. Nitu Kumari Daughter of Ramashankar Prasad Resident of village - Sahejni, P.O. Hasan Bazar, Police Station Piro, District Bhojpur

6. Manish Kumar Son of Ashok Prasad Resident of village - Sahejni, Police Station Azimabad, P.O. Hasan Bazar, District Bhojpur

7. Rukhsana Bano Daughter of Jalaluddin Resident of village + P.O. Bachri, Police Station Piro, District Bhojpur

8. Dhanman Prasad Son of Radha Govind Ram Resident of village + P.O. Jamuan, Police Station Piro, District - Bhojpur

9. Md. Haidar Ali Son of Md. Shafi Resident of village - Ibrahimpur, P.O. + Police Station Piro, District - Bhojpur

10. Sheo Shankar Ram Son of Mahangu Ram Resident of village - Kundaria, Police Station Tarari, District Bhojpur

11. Mantosh Kumar Son of Rajnath Chaudhary Resident of village - Rajpur, P.O. Bihta, District - Bhojpur

12. Raj Kumar Chaudhary Son of Ram Dayal Chaudhary Resident of village - Rajpur, P.O. Bihta, District Bhojpur

13. Bajrangi Ram Son of Late Harvansh Ram Resident of village - Sarfora, P.O. Jamodhi, Police Station Tarari, District - Bhojpur

14. Seema Kumari Wife of Bir Bhagat Ram Resident of village - Dharmdas Dihri, P.O. Dumaria, Police Station Tarari, District Bhojpur

15. Ajay Kumar Ram Son of Kariman Ram Resident of village - Sarfora, P.O. Jamodhi, Police Station Tarari, District - Bhojpur

16. Santosh Kumar Chaudhary Son of Dholan Chaudhary Resident of village + P.O. Deo, Police Station Sikarhata, District - Bhojpur

17. Kamendra Ram Son of Late Bideshi Ram Resident of village - Nonadih, P.O. Panwari, Police Station Sikarhata, District Bhojpur

18. Najbun Nisha Wife of Md. Akhlaque Ahmad Resident of village - Sikarhata Khurd, P.O. Sikarhata, Police Station Tarari, District Bhojpur

19. Umesh Ram Son of Baban Ram Resident of village - Sarfora, P.O. Jamodhi, Police Station Tarari, District - Bhojpur

20. Lav Kush Kumar Son of Ajay Kumar am Resident of village - Pathkhauli, Police Station Tarari, District Bhojpur

21. Md. Reyazuddin Son of Md. Subhan Ansari Resident of village - Labna, Police Station Basanti, District Bhojpur

22. Kishore Kumar Son of Sundar Deo Ram Resident of village - Shankardih, P.O. Sara, Police Station Tarari, District Bhojpur

23. Nisha Kumari Wife of Bhagwan Rajak Resident of village - Shankardih, P.O. Sara, Police Station Tarari, District Bhojpur

24. Sanjay Kumar Chaudhary Son of Bhagwan Chaudhary Resident of village - Rajpur, P.O. Bihta, District Bhojpur

25. Md. Tipu Sultan Son of Md. Subhan Resident of village - Ramsagar, P.O. Matukpur, Police Station Barhara, District Bhojpur

26. Shahnaz Parveen Daughter of Md. Salim Ansari Resident of village - Ramsagar, P.O. Matukpur, Police Station Barhara, District Bhojpur

27. Simmi Jahan daughter of Eqbal Ahmad Resident of village - Kajichak, P.O. Ramsahar, Police Station Barhara, District - Bhojpur

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28. Shahina Bano Daughter of Washimuddin Ansari Resident of village - Babura, P.O. Babura, Police Station Barhara, District Bhojpur

29. Sheo Shankar Chaudhary Son of Late Ram Janam Chaudhary Resident of village - Ibrahimpur, P.O. + Police Station Piro, District - Bhojpur .... Petitioners

Versus

1. The State of Bihar

2. The Principal Secretary, Department of Human Resources Development Bihar, Patna

3. The Director, Bihar Education Project Council, Bihar, Patna

4. The Joint Secretary, Department of Education, Bihar, Patna

5. The District Magistrate, Bhojpur ( Ara )

6. The District Programme officer ( Establishment ), Bhojpur ( Ara )

7. The District Programme officer ( Sarv Siksha Abhiyan ), Bhojpur ( Ara )

8. The Sub - Divisional officer, Bhojpur ( Ara )

9. The Block Development officer, Block Tarari, Bhojpur ( Ara )

10. The Block Education officer, Block Tarari, Bhojpur ( Ara )

11. The Block Development officer, Block Piro, Bhojpur ( Ara )

12. The Block Education officer, Block Piro, Bhojpur ( Ara )

13. The Block Development officer, Block Agiaon, Bhojpur ( Ara )

14. The Block Education officer, Block Agiaon, Bhojpur ( Ara )

15. The Co - Ordinator, Sankul Sansadhan Kendra, M.S. Narayanpur, Agiaon, Bhojpur

16. The Co - Ordinator, Sankul Sansadhan Kendra, M.S. Agizmabad, Agiaon, Bhojpur

17. The Co - Ordinator, C.R.C. Bargawn, Sahar ( E ), Bhojpur

18. The Co - Ordinator, Sankul Sansadhan Kendra, M.S. Hassan Bazar, Piro, Bhojpur

19. The Co - Ordinator, Sankul Sansadhan Kendra, M.S. Tiwaridih, Piro, Bhojpur null null

20. The Co - Ordinator, Sankul Sansadhan Kendra, M.S. Jamuawn, Piro, Bhojpur null null

21. The Co - Ordinator, Sankul Sansadhan Kendra, Boys, M.S. Piro, Bhojpur

22. The Co - Ordinator, Sankul Sansadhan Kendra, M.S. Bihta, ( Boys ) Tarari, Bhojpur

23. The Co - Ordinator, Sankul Sansadhan Kendra, Utkramit M.S. Rajpur, Tarari, Bhojpur

24. The Co - Ordinator, Sankul Sansadhan Kendra, M.S. Bagar Tarari, Bhojpur

25. The Co - Ordinator, C.R.C. M.S. Sedhan, Tarari, Bhojpur

26. The Co - Ordinator, Sankul Sansadhan Kendra, M.S. Bhakura Tarari, Bhojpur

27. The Co - Ordinator, Sankul Sansadhan Kendra, M.S. Kurmuri, Tarari, Bhojpur

28. The Co - Ordinator, Sankul Sansadhan Kendra, M.S. Kurmuri, Tarari, Bhojpur

29. The Co - Ordinator, Sankul Sansadhan Kendra, M.S. Sikraul, Tarari, Bhojpur

30. The Co - Ordinator, Sankul Sansadhan Kendra, Primary School, Harpur, Tarari, Bhojpur

31. The Co - Ordinator, Sankul Sansadhan Kendra, Utkarmit M.S. Shankardih, Tarari, Bhojpur

32. The Co - Ordinator, Sankul Sansadhan Kendra, Utkarmit M.S. Chatar ( E ), Barhara, Bhojpur

33. The Co - Ordinator, Sankul Sansadhan Kendra, Utkarmit M.S. Chatar ( E ), Barhara, Bhojpur

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34. The Co - Ordinator, Sankul Sansadhan Kendra, M.S. Urdu Primary School, Babua, Barhara, Bhojpur

35. The Co - Ordinator, Sankul Sansadhan Kendra, M.S. Jethwar, Tarari, Bhojpur .... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Abdul Mannan Khan, Adv. For the State : Mr. Subhash Chandra Mishra, SC XVI with Mr. Madhukar Mishra, AC to SC XVI For BEPC : Mr. Girish Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-02-2018 Heard the learned counsel for the petitioners and the learned counsel appearing for the State and the learned counsel for the Bihar Education Project Council.

Learned counsel appearing on behalf of the petitioners submits that out of 29 the grievance of 20 petitioners stands redressed and, as such, the writ petition on behalf of those petitioners has become infructuous.

The present writ application is confined to petitioners 9, 11, 19, 20, 24, 25, 26, 27 and 28.

Mr. Girijesh Kumar, learned counsel appearing on behalf of the Bihar Education Project Council, submits that in various writ applications this Court has held that the writ application is not maintainable.

Learned counsel for the State has drawn the attention of the Court to the counter affidavit wherein the respondents have indicated the reason for adverse order against the petitioners 9, 11, 19, 20, 24, 25, 26, 27 and 28. The writ petitioners have not filed any rejoinder to the counter affidavit.

4/4 However, in view of the fact that the petitioners have not approached the competent authority for redressal of their grievance. Learned counsel for the petitioners seeks permission to approach the competent authority for redressal of the grievance of the petitioners 9, 11, 19, 20, 24, 25, 26, 27 and 28. In view of the above, the writ application is disposed of with liberty to the petitioners whose grievance has not been redressed as yet to file detailed representation before the respondent no. 6, who shall examine the grievance of the petitioners in accordance with law and pass reasoned and speaking order within a maximum period of sixty days, from the date of receipt/production of a copy of this order, along with a copy of the order of this Court.

It is made clear that this Court has not expressed any opinion on the merit of this writ application. (Anil Kumar Upadhyay, J) SA/- U