Upendra Tiwari And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20454 of 2011 ======================================================

1. Upendra Tiwari Son Of Sri Harihar Tiwari Resident Of Village - Belwari Patti, Police Station- Thakraha And District - West Champaran.

2. Shiv Shankar Mahto Son Of Late Jangi Mahto Resident Of Village - Thakraha, Police Station- Thakraha And District - West Champaran.

3. Arti Kumari Daughter Of Suresh Ram Resident Of Village - Binod Matihiniya, Police Station - Bishambharpur, District - West Champaran. .... .... Petitioners

Versus

1. The State Of Bihar Through The Principal Secretary, Human Resources Development Department, Government Of Bihar, Patna.

2. The Director, Primary Education, Human Resources Development Department, Government of Bihar, Patna.

3. The District Magistrate, West Champaran at Bettiah.

4. The District Teachers Employment Appellate Authority, West Champaran at Bettiah.

5. The Mukhiya, Gram Panchayat Motipur, Thakraha Block, District - West Champaran at Bettiah.

6. The Panchayat Secretary, Gram Panchayat Motipur, Thakraha Block, District - West Champaran at Bettiah.

7. Jitendra Kumar Singh Son Of Rajbali Singh Resident Of Village - Harkhauli, Post And Police Station- Mirganj And District - Gopalganj.

8. Phul Mohammad, Panchayat Teacher, Government Primary School, Khan Tola (Thakraha) Police Station- Thakraha District - West Champaran At Bettiah.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Gajendra Kumar Singh, Advocate. For the Respondents : Mr. Avnish Nandan Sinha Gp11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-07-2017 Learned counsel for the petitioners seeks permission to withdraw the present writ application with a liberty to prefer an appeal before the State Appellate Authority, challenging the order dated 16.08.2011 contained in Memo No. 580 dated 16.08.2011, passed in Case No. 540/10 and 97/11 by the Member, District

Patna High Court CWJC No.20454 of 2011 (6) dt.26-07-2017 2/2 Teachers Employment Appellate Authority, West Champaran, Bettiah.

Permission is accorded.

The petitioners shall file an appeal before the State Appellate Authority within a period of thirty days from the date of the order, which shall be disposed of in accordance with law within the statutory period.

It has been submitted by learned counsel for the petitioners that the petitioners were granted interim relief by this Court on 05.12.2011. The petitioners will be at liberty to file a separate application before the State Appellate Authority, if so advised, for any interim relief during the pendency of the appeal, within a period of ten days from the date of filing of the appeal. The said application filed by the petitioners shall be disposed of within a period of twenty days.

With the aforesaid observations and directions, the present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U