Patna High CourtCWJC/19120/2017disposed

The Managing Committee Of Madarsa v. The State Of Bihar And ORS

2018-09-12Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19120 of 2017 ====================================================== The Managing Committee of Madarsa Imaddul Uloom Rai Bari Mahuwawa At & P.O.- Jarmahwi, P.S.- Chautarwa, District- West Champaran through its Secretary, Md. Quamruzzama S/o Late Nazir Ahmad, resident of VillageJharmahawi, P.S.- Chautarwa, District- West Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Minority Welfare Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Minority Welfare Department, Govt. of Bihar, Patna.

3. The Special Director, Secondary Education, Govt. of Bihar, Patna.

4. The Bihar State Madarsa Education Board through its Chairman, 5- Vidyapati Marg, District- Patna.

5. The Chairman, Bihar State Madarsa Education Board 5- Vidyapati Marg, District- Patna.

6. The District Magistrate, West Champaran, District- Patna.

7. The District Education Officer, West Champaran, District- West Champaran.

8. Khalique Quraisi S/o Late Haquique Quraisi R/o Village- Jharmahwi, P.S.- Chautarwa, District- West Champaran.

9. Shafiqur Rahman, S/o Late Abdur Rasheed, R/o Village- Rai Bari Mahuwawa, P.S.- Jharmahwi, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Wasi Ahmad Khan For the Respondent/s :

Mr. Arvind Kumar Sinha, AC to SC-14 For the Madrasa Board :

Mr. Md. Rashid Alam For the Respondent No.8&9:

Mr. Ravi Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-09-2018 The petitioner has put to challenge Letter No. 12074 dated 08.12.2017, issued under the signature of Secretary, Bihar State Madarsa Education Board, Patna, whereby the District Education Officer, West Champaran, has been asked to hold inquiry as to which Managing Committee of Madarsa Imdadul Uloom, Rai Bari Mahuwawa enjoys confidence of the majority of the local Muslims of the locality.

Patna High Court CWJC No.19120 of 2017(2) dt.12-09-2018 2/2 Learned counsel for the petitioner, after having realised that the petitioner has alternative remedy of appeal under Section 28 of the Bihar State Madarsa Education Board Act, seeks permission to withdraw this application to avail the said remedy.

This application be accordingly permitted to be withdrawn and stands disposed of.

It is indicated that if any question of delay in approaching the appellate forum arises, the appellate forum will keep in mind the fact that the petitioner had been pursuing the remedy before this Court by way of the writ application, while considering the prayer for condonation of delay. (Chakradhari Sharan Singh, J) Pawan/Ragini U