Patna High CourtCWJC/11370/2011disposed

Neelam Kumari v. The State Of Bihar And ORS

2017-08-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11370 of 2011 ====================================================== Neelam Kumari, D/O Sri Mithilesh Prasad, Village Ram Nagar Diyara, P.S. Bakhtiyarpur, Dist. Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Hrd Deptt., Govt. Of Bihar, Vikash Bhawan, Patna.

3. The District Magistrate cum District Officer, Patna.

4. The District Superintendent of Education, Patna.

5. The Member, District Teachers' Appointment Appellate Authority, Bankipur, Golghar, Patna.

6. The Block Education Extension Officer, Bakhtiyarpur Block, Dist. Patna.

7. The Mukhiya, Satbhaiya Ram Nagar Panchayat, Bakhtiyarpur Block, Dist. Patna.

8. The Panchayat Secretary, Satbhaiya Ram Nagar Panchayat, Bakhtiyarpur Block, Dist. Patna.

9. Arvind Kumar S/O Sri Panna Lal Yadav Village Satbhaiya, P.S. Bakhtiyarpur, Dist. Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Shashi Anugrah Narayan Singh, Senior Advocate and Mr. Alok Kumar Sinha- I, Advocate.

For the Respondents : Mr. Subhash Pd. Singh Ga7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2017 Learned senior counsel for the petitioner seeks permission to withdraw the present writ application with a liberty to prefer an appeal before the State Appellate Authority, challenging the order dated 23.06.2011, contained in Memo No. 575 dated 23.06.2011, passed in Case No. 06/11 by the Member, District Teachers Employment Appellate Authority, Patna.

Patna High Court CWJC No.11370 of 2011 (5) dt.09-08-2017 2/2 Permission is accorded.

The petitioner shall file an appeal before the State Appellate Authority within a period of thirty days from the date of the order, which shall be disposed of in accordance with law within the statutory period.

It has been submitted by learned senior counsel for the petitioner that the petitioner was granted interim relief by this Court on 02.08.2011. The petitioner will be at liberty to file a separate application before the State Appellate Authority, if so advised, for any interim relief during the pendency of the appeal, within a period of ten days from the date of filing of the appeal. The said application filed by the petitioner shall be disposed of within a period of twenty days.

It has further been submitted by learned senior counsel for the petitioner that the case of the petitioner is covered by a decision of Full Bench rendered in the case of Kalpana Rani Vs. The State of Bihar & Ors., reported in 2014(2) PLJR 665. With the aforesaid observations and directions, the present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U