Deputy Development Commissioner Cum Chief Executive Officer, v. Bipin Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19380 of 2024 ====================================================== Deputy Development Commissioner cum Chief Executive Officer, Zilla Parishad, Munger, District Munger.

... ... Petitioner/s

Versus

1.

Bipin Kumar Son of Late Ramswarup Mandal, Resident of Durmatta, Sangrampur, P.S.- Harpur, Munger.

2.

Saroj Kumar, Son of Late Vishnudeo Yadav, Resident of Farda, Puwari Tola, P.S. Nayaramnaga, Munger.

3.

Chandan Kumar, Son of Mukund Yadav, Resident of Ghorghat, P.S. Bariyarpur, Munger.

4.

Dhramendra Srikrishna, Son of Shailendra Kumar, Resident of Bhatnaha, P.S.- Alauli, Khagaria.

5.

Mukesh Kumar, Son of Ram Bilash Sah, Resident of Mail Pirpahar, P.S. Muffasil Munger.

6.

Sri Kumar Sahajanand, Presiding Officer, District Appellate Authority, Munger, having its office at Lallupokhar, District Munger. 7.

District Education Officer, Munger, having its office at Fort Area District Munger.

8.

District Programme Officer (Establishment), Education Department, Munger.

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

For the Petitioner/s :

Mr. Saurav Kumar Suman, Adv.

For the Respondent/s :

Mr. Santosh Chandra Bhaskar, A.C. to G.P.-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. By filing the present writ application, the petitioner has prayed to quash the order dated 20.05.2024 passed in Appeal No. 14/2023, as contained in Memo no. 195 Munger dated 20.05.2024, passed by the District Appellate Authority, Munger, whereby the appeal preferred on behalf of the appellant/respondent nos. 1 to 5 before the District Appellate

Patna High Court CWJC No.19380 of 2024(2) dt.03-01-2025 2/2 Authority, Munger has been allowed.

3. After hearing learned counsel for the petitioner and perusing the materials on record, it appears that the petitioner has filed this writ application without availing the efficacious remedy available to him in accordance with law.

4. In such view of the matter, this writ application is disposed of with a direction to the petitioner to file an appeal before the State Appellate Authority for consideration of his matter within a period of two months from the date of receipt/production of a copy of this order. The State Appellate Authority is directed to consider the case of the petitioner and dispose the same by passing a speaking and reasoned order in accordance with law as expeditiously as possible after hearing the parties. The State Appellate Authority is also directed to condone the delay, if any, in filing of the appeal keeping in view that the writ application was pending before this Court.

5. With the aforesaid direction and observation, this writ application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U