Chandeshwar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17676 of 2014 ====================================================== Chandeshwar Prasad S/o Late Ramsundar Prasad Resident of village - Premnagar Ward No. 06, P.S. Sugauli, District - East Champaran, Presently Posted as as Assistant Teacher, Govt. Upgraded Middle School, Bahuarawa, Babu Tola, Majhaulia, West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 3.

The State Project Director, Bihar Education Project Parishad, Bihar, Patna 4.

The Collector - Cum - District Magistrate, West Champaran, Bettiah 5.

The District Programme Officer, Primary Education and Sarva Shiksha Abhiyan, West Champaran, Bettia 6.

The District Education officer, West Champaran, Bettiah 7.

The Block Education Officer, Majhaulia Block, Majhaulia, West Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Respondent/s :

Mr. P.K. Verma, Sr. Advocate Dr. Mukeshwar Tiwari, AC to AAG 3 Mr. Girijesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-10-2023 The petitioner has filed the instant application for the following reliefs:

"A. For issuance of a writ in the nature of certiorari or any other appropriate writ, order/s, direction, quashing the order dated 26.08.2014 passed by the respondent no. 6 whereby and whereunder the petitioner has been directed to refund back 40% of the total allocation of Rs. 4,50,000/- i.e. Rs. 1,80,000/- given to him previously for conducting Utpreran Kendra at his school in the light of earlier order dated 23.02.2013 contained in letter no. 287 dated 25.02.2013 passed by the respondent no. 5.

Patna High Court CWJC No.17676 of 2014(5) dt.13-10-2023 2/2 B. For issuance of a writ in the nature of mandamus or any other appropriate writ, order/s, direction commanding the respondents for the followings:- I. To treat the annexure- 10 to the petition to be nullity and non-est in the eye of law.

II. To hold that the impugned order has been passed without assigning any cogent reason for discarding the defenses/explanation of the petitioner.

III. To hold that the impugned order amongst to reviving the order contained in letter no. 287 dated 25.02.2013 passed by the respondent no. 5 which has already been quashed by this Hon'ble High Court vide its order dated 17.07.2013 passed in C.W.J.C. No. 8242 of 2013.

C. For any other relief/s to which the petitioner is found entitled to."

Learned counsel for the petitioner seeks permission to withdraw this application.

Learned counsel for the respondents referring to the letter dated 17.11.2015 (Annexure-G) to the counter affidavit of respondent nos. 5 and 6 submits that the total amount has already been deposited by the petitioner.

In view of the prayer made by learned counsel for the petitioner, without entering into the merits of the case of the parties, the writ application stands disposed of as withdrawn. (Partha Sarthy, J) Bibhash U