Sanjoo Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13864 of 2010 ====================================================== Sanjoo Kumar Singh S/O Late Laldeo Singh R/O Vill.- Sultanpur, P.S.- Makhdumpur, Distt.- Jehanabad, At Present Residing At Mohalla- Ram Sagar, P.S.- Civil Lines, Distt.- Gaya ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Secretary-Cum-Commissioner Secondary Education, Government Of Bihar, Patna

3. The Director, Department Of Secondary Education, Government Of Bihar, Patna

4. The Regional Deputy Director Of Education, Magadh Division, Gaya

5. The District Education Officer, Gaya

6. The Sub-Divisional Education Officer, Sadar, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Sinha For the Respondent/s :

Mr. (Gp6) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-10-2018 Vide order dated 19.6.2018 it was indicated that the writ petition would be finally decided on 09th July 2018. Thereafter prayer was made for grant of adjournment for four weeks, the Court granted adjournment to accommodate the petitioner vide order dated 11.7.2018. But unfortunately even after granting indulgence after indulgence, petitioner has failed to assist the Court for decision on merit.

Petitioner was aggrieved vide order dated 8.5.2004. He filed title Suit No. 164 of 1997. However, in the title suit petitioner has preferred Misc. Appeal No. 29 of 2001. The Additional District Judge, on consideration of the appeal

Patna High Court CWJC No.13864 of 2010(13) dt.05-10-2018 2/2 remitted back the matter to the learned Munsif to decide the title Suit in accordance with law.

Learned counsel appearing on behalf of the respondent submits that the decision of the Appellate Authority in Misc. Appeal No. 29 of 2001 was assailed by the petitioner before Hon'ble Court which was dismissed for non prosecution. From perusal of the order, it appears that the petition was dismissed on account of obtaining appointment on forged documents.

Considering the ground of termination, the Court is not inclined to grant any indulgence to the petitioner. Accordingly, the writ petition stands dismissed. However, in dismissal of the writ petition will not cause any prejudice in any manner to the pending title Suit and if the title suit is decided against the petitioner, liberty shall be available to the petitioner to approach appropriate Court or forum in accordance with law. (Anil Kumar Upadhyay, J) T.Kr./- U