Md. Shamim Akhter v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18483 of 2022 ====================================================== Md. Shamim Akhter S/o- Md. Izharul Haque Resident of Mohalla- Amber Dargah Shekhana Kalan, Biharsharif, Nalanda and previously working as a Pradhanadhyapak in Middle School, Baghor Noorsarai Prakhand, Nalanda and now he is presently posted as as Pradhanadhyapak in Middle School Bampur, Nagarnausa Prakhand, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

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

The Director Primary Education, Govt. of Bihar, Patna. 4.

The Director Mid-day- Meal Scheme, Bihar, Patna. 5.

The Regional Deputy Director of Education, Patna Pramandal, Patna. 6.

The District Education Officer, Nalanda.

7.

The District Programme Officer, Mid-Day-Meal Scheme, Nalanda. 8.

The Block Resource Persons, Mid-Day-Meal Scheme Noorsarai, Prakhand, District- Nalanda.

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

For the Petitioner :

Mr. Rama Kant Singh, Advocate For the State :

Ms. Binita Singh, SC-28 For the Mid Day Meal :

Mr. Girijish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-11-2024 Heard learned counsels for the parties.

2. This writ application has been filed for quashing the Letter No. 567 dated 26.05.2017 passed by the District Programme Officer, Mid Day Meal Scheme, Nalanda (Respondent No. 7) whereby and whereunder an order of recovery of Rs. 1,49,566.50/- has been issued against this petitioner.

Patna High Court CWJC No.18483 of 2022(2) dt.19-11-2024 2/3

3. At the outset, learned counsel appearing on behalf of the State raises preliminary objection to the maintainability of this writ application and submits that petitioner has already filed appeal before the District Education Officer, Nalanda (Respondent No. 6) on 19.06.2017, which is still pending for adjudication.

4. Learned counsel appearing on behalf of the petitioner does not dispute the above contentions.

5. In this regard, the Supreme Court, in the case of Satya Pal Anand versus State of Madhya Pradesh and Others reported in 2016 (10) SCC 767, has observed as follows:- "Pursuance of multiple remedy for same relief before different fora renders the petition nonmaintainable."

6. In the present case, the petitioner has already filed an appeal before the District Education Officer, Nalanda (Respondent No. 6) and the same is still pending for adjudication.

7. In that view of the aforesaid facts and circumstances of the case, this Court does not thinks it appropriate to interfere in the matter.

8. Accordingly, this writ application is disposed of

Patna High Court CWJC No.18483 of 2022(2) dt.19-11-2024 3/3 with direction to the petitioner to pursue the appeal which has already been filed before the District Education Officer, Nalanda (Respondent No. 6).

(Prabhat Kumar Singh, J) shashank/- U