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Patna High CourtCWJC/17187/2013disposed

Old Managing Committee Of Madarsa Nomania Dumaria Idgah v. The State Of Bihar And ORS

2015-08-24Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17187 of 2013 ===========================================================

1. Old Managing Committee Of Madarsa Nomania Dumaria Idgah, Madarsa No. 384, P.O- Dumaria, Police Station- Mahalgaon, District- Araria, Through Its Secretary, Md. Taiyab S/O Late Sk. Majidullah Resident Of Village- Ghormara, P.O- Dumaria, Police Station- Mahalgaon, District- Araria. .... .... Petitioner/s

Versus

1. The State Of Bihar Through Secretary, Human Resources Department, Bihar, Patna.

2. The Special Director, Secondary Education, Bihar, Patna.

3. The Bihar State Madarsa Education Board, Patna Through Its Chairman.

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

5. The District Magistrate, Araria.

6. The Sub- Divisional Officer, Patna.

7. The District Education Officer, Araria.

8. The New Managing Committee Of Madarsa Nomania, Dumaria Idgah, Madarsa No. 384, P.O- Dumaria, P.S- Mahalgaon,, District- Araria, Through Its Secretary Abdul Quddus S/O Late Abdul Majeed Resident Of Village- Prasadpur, P.ODumaria, P.O- Mahalgaon, District- Araria. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. MD. NAUSHAD UZZOHA For the Respondent/s : Mr. SANJAY KR NO.2 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 24-08-2015 Enough time has elapsed because the dispute related to formation of a Managing Committee relatable to year 2008. The time has come when a fresh decision is required to be taken afresh. If it leads to any kind of dispute it can be taken to the appropriate forum. The present dispute even other wise is required to be resolved. The decision as rendered in Annexure-7, which is under challenge, will not come in the way, since it is a nonest order, since Special Director

Patna High Court CWJC No.17187 of 2013 dt.24-08-2015 2/2 has no authority to hear such appeal. However, it seems, this appeal was decided on the basis of some direction, issued in CWJC No. 8027/2001, which is another matter.

Writ is disposed of with the above observation. (Ajay Kumar Tripathi, J) Sudha/- U