Shamim Miyan And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13550 of 2017 ======================================================

1. Shamim Miyan, S/o Islam Miyan, Resident of Village and Post- Muri, P.S.- Chainpur, Dist- Kaimur.

2. Shashikant Ram, S/o Parashmani Ram, Resident of Village and PostMuri (Tola Jaisara), P.S.- Chainpur, Dist- Kaimur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Director, Primary Education, H.R.D., Patna, Bihar.

3. The District Education Officer, Kaimur.

4. The District Program Officer (Establishment), Dist- Kaimur.

5. Block Development Officer, Chainpur.

6. Block Education Extension Officer, Chainpur.

7. The Member, District Teacher Tribunal, Kaimur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Shankar Choubey For the Respondent/s : Mr. Ashutosh Ranjan Pandey-Aag15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-01-2018 Learned counsel for the petitioners submits that he has alternative remedy available in the nature of appeal to the State Appellate Authority and as such counsel for the petitioners seeks permission to withdraw this writ petition with liberty to approach the State Appellate Authority.

Permission is granted.

In case, petitioners file appeal within a period of one month from today, the Appellate Authority is required to take final decision on the appeal on its own merit after condoning the delay, if any, in filing of appeal in view of the fact that petitioners were

Patna High Court CWJC No.13550 of 2017 (2) dt.19-01-2018 2/2 pursuing remedy by way of filing writ petition. Accordingly, the writ petition is dismissed as withdrawn.

(Anil Kumar Upadhyay, J) Ravi/- U