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Patna High CourtCWJC/250/2017disposed

The State Of Bihar And ORS v. Shiv Kumar Sah And ORS

2018-03-14Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.250 of 2017 ======================================================

1. The State of Bihar.

2. The District Education Officer, Siwan.

3. The District Programme Officer (Establishment), Siwan. ... ... Petitioner/s

Versus

1. Shiv Kumar Sah, Son of Late Bachha Sah, resident of Village and PostGhurghat, District- Siwan.

2. Nand Kishore Yadav, son of Sri Baban Prasad Yadav, resident of Village and Post- Hariharpur, District- Siwan.

3. Prakash Kumar Mishra, Son of Sri Vijay Kant Mishra, resident of VillageKilpur, Post- Kabirpur, P.S.- Nautan, District- Siwan.

4. Ashok Kumar Srivastava, son of Rajendra Prasad, resident of VillageJamanpura, Block- Andar, District- Siwan.

5. Shashi Kant Mishra, son of Sri Vijay Kant Mishra, resident of Village- Kilpur, Post- Kabirpur, P.S.- Nautan, District- Siwan.

6. Narendra Tiwary, son of Sri Raja Ram Tiwari, resident of Village- Rakauli, Post- Santhi, District- Siwan.

7. Prem Kumar Singh, son of Sri Gyan Prakash Singh, resident of VillageMohamadpur, P.O.- Andar, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh NarayanSingh For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-03-2018 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the respondents. In view of the fact that the State Appellate Authority is now functional, the petitioners seek permission to withdraw the writ petition in order to file an appeal before the State Appellate Authority.

Permission is granted.

In case the petitioners file an appeal before the State

Patna High Court CWJC No.250 of 2017(5) dt.14-03-2018 2/2 Appellate Authority within a period of one month from today along with a copy of this order, the State Appellate Authority is required to decide the appeal on its own merit after condoning the delay in filing the appeal in view of the fact that the petitioners-State was pursuing the writ petition for the same relief before this Court.

With the aforesaid liberty, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U