Vijay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12305 of 2006 ====================================================== Vijay Kumar son of Shri Shatrughan Kumar Bhagat resident of village Ranti P.O. Ranti P.S. Raj Nagar District Madhubani. ... ... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Madhubani, District Madhubani.

3. The District Superintendent of Education Madhubani, District Madhubani.

4. The Sub-Divisional officer, Madhubani District Madhubani

5. The Block Education Extension officer, Rajnagar District Madhubani.

6. The Mukhia ,Gram Panchayat Raj Ranti Block-Raj Nagar District Madhubani.

7. The Head Master, Raj Kiyakrit Primary School, Paliwar, Block Raj Nagar District Madhubani.

8. Birendra Kamat son of Sri Mahendra Kamat resident of village Ranti P. S. Rajnagar, District Madhubani.

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

For the Petitioner/s :

Mr. Bishwanath Pd. Singh, Sr. Advocate with Mr. Rajesh Kumar, Advocate For the State :

Mr. Anil Kumar AC to SC-8 For the Respondent no.8 :

Mr. Anant Kumar Bhaskar, with Mr. S.K.Jha Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 08-11-2019 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the respondent No.8 2.The parties are in agreement that issues raised in the instant proceedings stand decided by the District Teachers Employment Appellate Tribunal, Madhubani by its order dated 29.7.2010 (Annexure-12). The Same is now amenable to the

Patna High Court CWJC No.12305 of 2006 dt.08-11-2019 2/3 Bihar State Appellate Authority.

3. Counsel for the private respondent raises an objection that since petitioner was not a party, the petitioner would have no locus to assail the same before the State Forum. The issue regarding the petitioner's locus, having regard to the fact that he is effected by the order, is yet to be decided by the State Tribunal.

4. In the circumstances, without expressing any opinion on the merits of the claims set forth by either side, the writ petition is being disposed off with liberty to the petitioner to assail the order of the District Teachers Employment Appellate Authority, Madhubani, before the State Forum. The petitioner should approach the Authority within a period of four (04) weeks. It would be open to the private respondent to appear before the Authority expeditiously to facilitate disposal of the same. 5.The writ petition stands disposed off with the liberty as aforesaid. The petitioner would be also at liberty to raise the pendency of the instant proceedings to meet issue of delay before the

Patna High Court CWJC No.12305 of 2006 dt.08-11-2019 3/3 State Forum.

(Madhuresh Prasad, J) shyambihari/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 13.11.2019 Transmission Date N/A