Abdus Shakoor v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15398 of 2017 ====================================================== Abdus Shakoor Son of Md. Chulhai Resident of Village- Dostpur, P.S. Khajauli, District- Madhubani ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Director Primary Education Bihar, Patna.

3.

The District Education Officer, Madhubani.

4.

The District Programme OfficerEstablishment Madhubani. 5.

The Block Education officer Khajauli, District- Madhubani. 6.

The Director Mid Day Meal Bihar, Patna.

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

For the Petitioner/s :

Mr.Gagan Deo Yadav, Adv.

For the Respondent/s :

Mr. Jai Prabhat Kishore, AC to SC-13 For the MDM :

Mr. Girijish Kumar, Adv.

Mr. Akash Anand, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 16-01-2026 Heard learned counsel for the petitioner, learned counsel for Midday Meal Scheme and learned counsel appearing for respondents-State.

2. In the present writ application the petitioner has prayed for the grant of following reliefs:

"For issuance of an appropriate writ/writs, for order / orders, direction/directions quashing the order dated 25.08.2017 as contained in letter 25.08.2017 issued by No.

2093 dated the District Programme Officer Madhubani where by and where under the petitioner has been

Patna High Court CWJC No.15398 of 2017(6) dt.16-01-2026 2/2 directed to deposit Rs. 41033.00 (Rs.

forty one thousand and Thirty three in the account of mid day meal Scheme and it has further been ordered that the payment of the petitioner will remain stopped till the aforesaid amount is deposited. The petitioner further prays for any other relief (s) for which the petitioner may be entitled the facts and found in circumstances of the present case."

3. After advancing some argument, learned counsel for the petitioner submits that for seeking the aforesaid relief, the petitioner has already filed an appeal before the District Education Officer, Madhubani and during the pendency of the said appeal, this writ application was filed. He, therefore, submits that he is prepared to withdraw the present writ application with liberty to pursue the appeal which the petitioner has filed before the District Education Officer, Madhubani.

4. As prayed for, the writ application is dismissed as withdrawn with liberty to pursue the appeal, if the same is pending before the District Education Officer, Madhubani. (Alok Kumar Sinha, J) Prakash Narayan U