Chandan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5519 of 2016 ======================================================

1. Chandan Kumar S/o Ramashraya Prasad Singh R/o vill. - Mahshaura, P.S. Ramgarh, Distt. - Lakhisarai .... .... Petitioner/s

Versus

1. The State of Bihar through Principal secretary, Department of Education, Govt. of Bihar, Patna

2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna

3. The District Magistrate, Lakhisarai

4. The Sub - Divisional officer, Lakhisarai

5. The District Education officer, Lakhisarai

6. The Circle officer, Lakhisarai

7. The Incharge Head Mistress High School Purani Bazar Lakhisarai

8. Smt. Monika Sahni W/o Sudhir Kumar R/o Mohalla - Purani Bazar, Chitranjan Road, P.S. Lakhisarai, Distt. - Lakhisarai .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lalan Kumar, Adv. For the Respondent/s : Mr. A.K.Chaudhary, AAG-13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-09-2016 Heard Mr. Lalan Kumar, learned Counsel, appearing on behalf of the petitioner, and Mr. A.K. Choudhary, learned Additional Advocate General No.13, appearing on behalf of the State-respondents.

In view of the fact that this writ petition, which has been filed in the form of Public Interest Litigation, involves disputed questions of fact coupled with the fact that there is an order passed by the revisional court setting aside the order, dated 28.01.2014, under Section 133 Cr.P.C., this Public Interest

Patna High Court CWJC No.5519 of 2016 (2) dt.19-09-2016 2/2 Litigation is misconceived and cannot be maintained. In view of the above, further proceeding of this Public Interest Litigation is closed with liberty given to the petitioner to take recourse to appropriate provisions of law including institution of a suit in a civil court of competent jurisdiction.

It is further directed that the civil court, which is in seisin of Case No.251M2/2014, shall deal with, and dispose of, the suit in accordance with law expeditiously, preferably, within a period of three months from the date of receipt of a certified copy of this order.

The petitioner shall be at liberty to furnish to the learned Court below a certified copy of this order along with a copy of the writ petition and annexures thereto. (I.A. Ansari,CJ) (Anjana Mishra, J) K.C.jha/- U