Shribhagwan Pandey And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2099 of 2016 ======================================================

1. Shribhagwan Pandey Son of Ram Kumar Pandey, Resident of Village and P.O. - Raghunathpur, P.S. - Brahmpur, District - Buxar.

2. Mritunjay Kumar, Son of Dr. Sukar Ram, Resident of Village - Jagdishpur, P.O. and P.S. - Jagdishpur, District - Ara.

3. Dilip Kumar, Son of Gopaljee Singh, Resident of Mohalla - Ojha Bazar, Ward No. 2, Jagdishpur, P.O. and P.S. - Jagdishpur, District - Bhojpur.

4. Ajeet Kumar Sharma, Son of Baijnath Thakur, Resident of Mohalla - D.M. Road Nai Toli, Jagdishpur, P.O. and P.S. - Jagdishpur, District - Bhojpur.

... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary Human Resources Development Department, Patna.

2. Reeta Devi Chair Person, Nagar Panchayat Jagdishpur, District - Bhojpur.

3. The Executive Officer, Nagar Panchayat, Jagdishpur, District - Bhojpur, Ara.

4. Member, Teacher Employment Unit, Jagdishpur, Bhojpur District - Bhojpur. null null

5. Ram Eqbal Prasad, Head Clerk Nagar Panchayat, Jagdishpur Bhojpur, Ara.

6. The District Programma Officer (Establishment) Bhojpur Ara.

7. The Presiding Officer, District Appellate Authority, Bhojpur, Ara.

8. Kumar Markandey Singh, Son of Kalika Singh, Resident of Village - Jagdishpur, P.O. and P.S. - Jagdishpur, Mohalla - Bishentola, Ward No. 11, District - Bhojpur.

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

For the Petitioner/s :

Mr. Raj Nandan Prasad For the Respondent/s :

Mr. RAJIV ROY- GP5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-03-2018 After some arguments, learned counsel for the petitioners seeks permission to withdraw this writ application in order to approach the State Appellate Authority which is now functional .

Since writ petition was filed on 31.1.2016 at that point of time, the State Appellate Authority was not functional and as

Patna High Court CWJC No.2099 of 2016(4) dt.19-03-2018 2/2 such in the event the petitioners file such appeal within a period of one month from today, the State Appellate Authority is required to examine the appeal on its own merit and decide the appeal in accordance with law after condoning the delay, if any, in filing the appeal in view of the fact that more than two years the present writ application remain pending in this court. With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) Ravi/- U