Om Prakash Bhandari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.206 of 2011 ======================================================

1. Om Prakash Bhandari S/O Narshingh Prasad Bhandari R/O VillageRatansar, P.S.-Bounsi, Distt.-Banka .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The District Magistrate, Banka

3. The District Superintendent Of Education, Banka

4. The Block Development Officer, Bounsi, Distt.-Banka

5. Anant Chandra Nandi, S/O Not Knwon To Petitioner Panchayat Secretary Saruwa Gram Panchayat Under Bounsi Block Distt.-Banka

6. The Mukhiya, Saruwa, Gram Panchayat, P.S.-Bounsi Distt.-Banka

7. The District Teacher Appointing Appealate Authority, Banka Through It Secretay Distt.-Banka .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh, Adv. : Mr. Balram Kapri, Adv.

For Respondent No.8 : Mr. Sanjay Kumar, Adv. For the State : Mr. Rishiraj Sinha, AC to GP 24 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-12-2016 Heard learned counsel for the petitioner and learned counsels for the respondents.

Since the matter relates to appointment of Panchayat teacher and this Court has been informed that the Bihar State Teachers Appellate Authority has started functioning, this writ application is disposed of with a liberty to the petitioner to file appeal before the State Appellate Authority within four weeks. It is submitted by learned counsel for the petitioner that other similarly situated person has been appointed in

Patna High Court CWJC No.206 of 2011 (24) dt.02-12-2016 2/2 pursuance to the order of the District Appellate Forum. This Court is not inclined to deliberate the issue on merits. However it is expected from the State Appellate Authority to consider the contentions of the petitioner. In view of the fact that the petitioner is pursuing the remedy before this Court as this writ application is pending since 2011 and both sides agree not to raise the issue of limitation before the Appellate Authority, it is expected from the Appellate Authority to decide the matter expeditiously on merit in accordance with law without allowing the parties to raise the issue of limitation provided the appeal is filed within a period of four weeks in view of the submission of the learned counsel for the petitioner that other similarly situated person has been appointed in pursuance to the order of District Appellate Tribunal. Accordingly, the writ application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U