Hari Narayan Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18355 of 2010 ====================================================== Hari Narayan Yadav S/O Late Ram Khelawan Yadav R/O Pratappur, P.S.- Kurtha, Distt.- Arwal .... .... Petitioner/s

Versus

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

2. The Director, Primary Education, Patna

3. The District Magistrate, Arwal

4. District Superintendent of Education-Cum-District Programme Co-ordinator Sarb Siksha Abhiyan, Arwal

5. The Block Development Officer, Kurtha, Distt.- Arwal

6. The Block Education Extention Officer, Kurtha, Distt.- Arwal

7. The Principal, Utkramit Middle School, Pratappur, P.S.- Kurtha, Distt.- Arwal .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Respondent/s : Mr. Din Bandhu Singh, GP 9 Mr.Satyeshwar Prasad, AC to GP 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER --------------- 06-02-2015 Heard the parties.

In view of the nature of grievances raised on behalf of the petitioner, which have been indicated in paragraph 1 of the present writ petition, this Court is of the opinion that the interest of justice shall be subserved if the petitioner is granted liberty to file a comprehensive representation with all supporting documents before the respondent District Magistrate, Arwal (respondent no.3) taking all the pleas which have been taken in the present writ petition. It is ordered accordingly.

If such a comprehensive representation is filed on behalf of the petitioner within a period of one month from today with a certified copy of the present order, then the District Magistrate, Arwal either himself or any other competent authority

Patna High Court CWJC No.18355 of 2010 (2) dt.06-02-2015 2/2 of the respondent State shall be obliged to consider and decide the claims of the petitioner by a reasoned and speaking order, after giving an opportunity of hearing to all concerned, at an early date preferably within a period of three months from the date of filing of such representation by the petitioner.

If on consideration of the materials, the competent authority comes to a conclusion that the claims raised on behalf petitioner are admissible to him, then consequential orders shall also be issued for grant of admissible claims without any unnecessary further delay.

It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner and this is left to be decided by the competent authority strictly in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Tahir/- U