Khaja Mamum v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.596 of 2018 =========================================================== Khaja Mamum, Son of Siddique Baisi, Resident of Village- Chandragaon, P.O. Khoksa, Police Station- Baisi, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources and Education Department Government of Bihar, Patna.

2. The District Magistrate, Purnea.

3. The District Education Officer, Purnea.

4. The Block Education Officer, Purnea.

5. The Chairman, Bihar State Madarsa Education Board, Bihar, Patna.

6. The Secretary Bihar State Madarsa Education Board, Bihar, Patna.

7. The Managing Committee Madarsa Mainul Islam, Gharib Nawaj Chandragaon, P.S. Khokasa, P.S. Baisi, District Punrea.

8. Md. Nawazish Karim S/o Md. Sarafat Hussain

9. Md. Amanat S/o Najmul

10. Md. Naiyer Alam Son of Md. Tohid

11. Md. Musfique son of Md. Mizaz All are the residents of Village- Charagawan,P.O. Khokasa, P.S.Baisee, Distt Purnea.

12. Jalal Ahmad Son of Abdul Latif Resident of Village- Simolia, P.O. Konharia, P.S. Baisi, District Purnea.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dhaneshwar prasad Gupta, Advocate For the Respondent/s : Mr. Ashutosh Ranjan Pandey, AAG-15 For the Madarsa Board : Mr. Rashid Alam, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 16-03-2018 In view of the fact that the petitioner has alternative remedy before the statutory Appellate Authority, namely, the Special Secretary, the petitioner seeks permission to withdraw this writ application in order to move the Appellate Authority for redressal of his grievance.

Learned counsel appearing of the Madarsa Board

Patna High Court CWJC No.596 of 2018 dt.16-03-2018 2/2 submits that in fact the petitioner does not come within the purview of the aggrieved person and, as such, neither the writ application is maintainable nor the appeal is maintainable.

However, without going into the merit of the controversy, the writ application is disposed of with liberty to the petitioner to move the Appellate Authority, who shall examine the claim of the petitioner in accordance with law and if he is aggrieved person and he has legitimate grievance, the Appellate Authority will address the issue raised in the appeal.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date20.03.2018 Transmission Date