Mansur Alam v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3396 of 2021 ====================================================== Mansur Alam S/o Late Abdul Gafur, resident of Village-Pagalbari, P.S.- Maihari, District-Katihar, the President of Managing Committee of Madarsa Darul Hoda Manoharpur (Madasa No. 653), P.S. Manihari, District-Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna.

2.

The Special Secretary cum Appellate Authority, Education Department, Bihar, Patna.

3.

The District Education Officer, Katihar.

4.

The Block Education Officer, Manihari, Katihar. 5.

The Chairman, Bihar State Madarsa Education Board, Vidyapati Marg, Patna.

6.

The Secretary, Bihar State Madarsa Education Board, Patna. 7.

Nurul Islam, S/o Late Hazi Junab Ali, resident of Village-Manoharpur, P.O.- Narayanpur, P.S.-Manihari, District-Katihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Prasad, Adv.

For the Respondent/s :

Mr.Shankar Kumar Thakur, AC to GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-04-2021 The present petition has been taken up for consideration through the mode of Video conferencing on account of COVID 19 Pandemic, requiring social distancing. The present writ petition has been filed seeking the following reliefs:- "(i) For quashing the order contained in Memo no. 1846 dated 08.06.2020 issued by the Secretary, Bihar State Madarsa Education Board, Patna (hereinafter referred to as "the Board") whereby pursuant to order of the Chairman of the Board

Patna High Court CWJC No.3396 of 2021(2) dt.09-04-2021 2/3 dated 21.01.2020, the order dated 24.08.2019 has been withdrawn and Managing Committee of Madarsa Darul Hoda Manoharpur headed by the petitioner has been derecognized/ approval has been withdrawn and petitioner has been directed to file a civil suit for settlement of dispute of the Trust.

(ii) For quashing the order dated 16.09.2019 passed by the Special Secretary (Respondent No.2) in Appeal No. 62 of 2019 whereby order of Board dated 24.08.2019 has been stayed.

(iii) For direction to the respondent no. 2 to dispose of Appeal No. 62 of 2019 expeditiously."

At the outset, the learned counsel for the petitioner seeks expeditious disposal of the pending Appeal No. 62 of 2019.

The learned counsel for the State, Shri Shankar Kumar Thakur, AC to GP-27, has got no objection. Accordingly, the present petition stands disposed of with a direction to the Appellate Authority, Bihar, Patna to finally hear and dispose of the pending Appeal No. 62 of 2019, filed by the petitioner within a period of eight weeks from the date of receipt/ production of a copy of this order, if not already disposed of.

It is needless to state that the petitioner would be at

Patna High Court CWJC No.3396 of 2021(2) dt.09-04-2021 3/3 liberty to file appropriate application for vacation of the stay order, which shall be decided in accordance with law by the Appellate Authority, Bihar, Patna.

(Mohit Kumar Shah, J) Tiwary/- U