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Patna High CourtL.P.A/1647/2018disposed

Triloki Nath Singh v. The State Of Bihar

2020-02-19The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1647 of 2018 In Civil Writ Jurisdiction Case No.10424 of 2017 ====================================================== Triloki Nath Singh, Son of Late Babulal Singh, Resident of Village- Taraiya, P.S.- Taraiya, Distt- Saran.

... ... Appellant/s

Versus

1.

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

2.

The Principal Secretary, Human Resources and Development Department, Bihar, Patna.

3.

The Bihar School Examination Board (Senior Secondary), Patna through its Chairman, Budh Marg, Patna.

4.

The Chairman, Bihar School Examination Board, Budh Marg, Patna. 5.

The Secretary, Bihar School Examination Board, Budh Marg, Patna. 6.

The Punjab National Bank through the Managing Director of Punjab National Bank, BhikajiCama Place, New Delhi.

7.

The Branch Manager, Punjab National Bank, Murlipur, Taraiya, Saran, Chhapra.

8.

Devendra Singh Son of Late Ramjee Singh Principal-cum-Officiating Secretary, Management Committee, Yogiraj Devraha Baldeo Singh, College Benipuri Nagar, P.O. and P.S.- Taraiya, Saran. 9.

Nand Kishore Singh Son of Late Ram Balan Singh The President Deoraha Baba Education and Charitable Trust, at Yogiraj Baldeo Mahavidyalaya, Benipuri Nagar, Taraiya, Saran.

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

For the Appellant/s :

Mr. Shekhar Singh, Advocate For the Board :

Mr. Lalit Kishore, Sr. Advocate For the Private respondents:

Mr. Yugal Kishore, Sr. Advocate Mrs. Nutan Sahay, Advocate For the State :

Mr. Ashutosh Ranjan Pandey, AAG-15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 19-02-2020 Re: I.A. No. 68 of 2019

Patna High Court L.P.A No.1647 of 2018 dt.19-02-2020 2/3 Heard learned counsel for the appellant and learned counsel for the respondents.

The appeal is reported to be delayed by 01 day. We have considered the affidavit filed in support of the delay condonation application and we find that sufficient cause has been shown to condone the delay in filing the appeal. The delay is condoned and the appeal shall be treated to be within time.

I.A. No. 68 of 2019 stands allowed accordingly. Re: L.P.A. No. 1647 of 2018 The instant appeal has been preferred against the order dated 11.10.2018 passed by a learned Single Judge of this Court in C.W.J.C. No. 10424 of 2017, titled as Triloki Nath Singh Vs. The State of Bihar & Ors., whereby the writ petition has been dismissed.

Shri Lalit Kishore, learned senior counsel appearing on behalf of the Bihar School Examination Board and Shri Yugal Kishore, learned senior counsel appearing for the private respondents state that the present appeal has become infructuous, inasmuch as the Committee, subject matter of the writ petition, constituted in the year 2014, stands substituted. At this stage, learned counsel for the appellant states

Patna High Court L.P.A No.1647 of 2018 dt.19-02-2020 3/3 that the writ-petitioner/appellant shall be content if a direction is issued to expedite the hearing of the appeal preferred by the petitioner.

Well, none can have any objection to the same. As such, the appeal stands disposed of with a direction to the Appellate Authority, constituted under the provisions of Bihar School Examination Board Affiliation Rules, to hear and decide the appeal inter se the parties on merits, in accordance with law. We hope and expect that the said authority shall decide the appeal within a period of six months from the date of receipt/production of a copy of this order.

(Sanjay Karol, CJ) (S. Kumar, J) P.K.P./-Utkarsh AFR/NAFR CAV DATE Uploading Date 20.02.2020 Transmission Date