Patna High CourtCWJC/23022/2011withdrawn

Shobha Kumario @ Shobha Devi v. The State Of Bihar And ORS

2018-06-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23022 of 2011 ====================================================== Shobha Kumari @ Shobha Devi D/O Jay Ram Singh W/O Mukesh Kumar Singh R/O Village And P.O. Ghonghra, P.S. - Halsi, Distirct - Lakhisarai ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Secretary, Human Resoruces Development Department, Bihar, Patna

3. The District Programme Officer Establishment, Lakhisarai

4. The Block Development Officer Halsi, District - Lakhisarai

5. The Block Education Extension Officer Halsi, Lakhisarai

6. The Panchayat Secretary Gram Panchayat Raj Dhira, P.S. - Halsi, District - Lakhisarai

7. The Mukhiya Gram Panchayat Raj Dhira, P.S. - Halsi, District - Lakhisarai

8. The Member, District Teacher Appointment Appellate Tribunal, Lakhisarai, District - Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Vinay Pd. Sinha @ Sanjay, Advocate For the Respondent/s :

Mr. Parth Sharthi (SC-10) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-07-2018 It appears from the order-sheet that the case was disposed of on 26.6.2018 considering the merit of the case. The petitioner has mentioned this case today stating that the counsel for the petitioner had in fact prayed for withdrawal of the case in order to enable the petitioner to agitate the matter before the State Appellate Authority. Considering the fact that the petitioner has remedy by way of appeal before the State Appellate Authority, the order dated 26.6.2018 is recalled.

The writ petition is permitted to be withdrawn with liberty to the petitioner to file appeal before the State Appellate

Patna High Court CWJC No.23022 of 2011(4) dt.04-07-2018 2/2 Authority.

In case the petitioner files an appeal before the State Appellate Authority within a period of one month from today along with a copy of this order, the State Appellate Authority is required to decide the appeal on its own merit after condoning the delay in filing the appeal in view of the fact that the petitioner was pursuing the writ petition for the same relief before this Court.

With the aforesaid liberty, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U