Tabassum Parveen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2879 of 2024 ====================================================== 1.

Tabassum Parveen Wife of Md. Irashad, Resident of Saidpur Ganesh, Panapur, Dharmpur, P.S.- Biddupur, District- Vaishali, Bihar- 844102. 2.

Shaista Parween, Wife of Muzaffar Hussain, Female, Aged about 35 years, Resident of Digambra, Shahpur, P.S.- Baghuni, District- Samastipur, Bihar848131. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Human Resources Development Department, Government of Bihar Patna. 2.

The Director, Primary Education, New Secretariat, Patna. 3.

The District Education Officer, Vaishali, Hajipur. 4.

The District Program Officer, (Establishment), Vaishali, Hajipur. 5.

The Block Development Officer cum Secretary, Block Teachers Selection Committee, Sahdei Bujurg, District Vaishali, Hajipur. 6.

The Block Education Officer, Sahdei Bujurg Block, District Vaishali, Hajipur.

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

For the Petitioner/s :

Mr. Rashid Izhar, Adv.

For the Respondent/s :

Mr. Jai Prakash Kishore, A.C. to S.C.-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present application has been filed for quashing the order dated 06.07.2023 passed by the Chairperson, State Appellate Authority (Education Department, Bihar) Patna whereby the learned Appellate Authority has dismissed the application filed by this petitioners on the ground that LPA No. 1086 of 2018 is pending before this Court.

Patna High Court CWJC No.2879 of 2024(2) dt.16-01-2025 2/2

3. Learned counsel appearing on behalf of the petitioners submits that the L.P.A. No. 1086 of 2018 was dismissed on 29.11.2019 and till date the same has not been restored and is still in the condition of dismissal and as such it can be said that no LPA is in existence or is pending before this Hon'ble Court. Moreover, order passed by State Appellate Authority dated 31.08.2021 passed in Appeal No. 153 of 2020 has not been modified or stayed by any Superior authority or by this Hon'ble Court.

4. It is settled law that unless and until the order which is to be executed is stayed or modified, the order is required to be executed by the competent authority.

5. Considering the aforesaid facts and circumstances, this writ petition is allowed and the order dated 06.07.2023 is set aside with direction to the State Appellate Authority to proceed in the matter and dispose the same in accordance with law.

6. With the aforesaid observations and directions, this writ application is disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U