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Patna High CourtMJC/4265/2019dismissed

Sanjay Kumar v. The State Of Bihar

2020-01-13Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4265 of 2019 In Civil Writ Jurisdiction Case No.2773 of 2011 ====================================================== Sanjay Kumar (Male), aged about 46 years, son of Sri Baleshwar Yadav, Resident of Village- Samastipur, P.S. Sarmera, Dist- Nalanda. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

The Secretary, Department of Education, Bihar, Patna. 3.

District Magistrate-Cum- Collector, Nalanda.

4.

District Superintendent of Education, Nalanda. 5.

Block Development Officer, Sarmera, Nalanda.

6.

Block Education Extension Officer, Sarmera, Nalanda. 7.

Secretary, Gram Panchayat, Mimagar, Nalanda.

8.

Sindhu Devi, W/o Subhash Kumar, Mukhiya, Gram Panchayat Mimagar, At Mohanpur, P.S. Sarmera, District- Nalanda.

9.

Bhola Kumar, son of Sri Chandeshwar Prasad, R/o Village- Patuana, P.S. Biharsharif, Dist- Nalanda, At present posted as Panchayat Teacher, New Parimary School Harjan Tola Kazichak Under Mimanagar Gram Panchayat P.S. Sarmera, Dist- Nalanda.

10.

Ramesh Kumar, son of late Upendra Pd. Singh, R/o Village- Sarmera, P.S. Sarmera, Dist- Nalanda, At present posted as Panchayat Teacher, Dhanawan Bigha Under Mimagar Gram Panchayat P.S. Sarmera, Dist- Nalanda. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Birendra Kumar, Advocate.

For the State :

Mr.Ashutosh Ranjan Pandey (Aag 15) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The present application has been filed for modification of the order dated 03.07.2017, passed by this Court in C.W.J.C. No. 2773 of 2011.

Patna High Court MJC No.4265 of 2019(2) dt.13-01-2020 2/3 By order dated 03.07.2017, the petitioner was granted liberty to prefer an appeal before the State Appellate Authority for redressal of his grievance within a period of 30 days from the date of the order dated 03.07.2017. It was further directed that the appeal of the petitioner should be disposed of within the stipulated period.

The petitioner has preferred his appeal before the State Appellate Authority in light of the order dated 03.07.2017 on 10.09.2018 after a lapse of approximately 14 months from the date of order passed by this Court. The Appellate Authority declined to entertain the appeal preferred by the petitioner in light of the order passed in C.W.J.C. No. 2773 of 2011 dated 03.07.2017.

Hence the present modification application has been filed for modification of the order dated 03.07.2017 in C.W.J.C. No. 2773 of 2011.

Taking into account that in spite of direction of this Court, petitioner had preferred an appeal after delay of approximately 14 months from the date of the order dated 03.07.2017, passed by this Court, I find no reason to interfere with the order dated 03.07.2017 passed in C.W.J.C. No. 2773 of 2011.

Patna High Court MJC No.4265 of 2019(2) dt.13-01-2020 3/3 Accordingly, the present application stands dismissed. (Sudhir Singh, J) U.K./- U