Amar Nath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20735 of 2025 ====================================================== 1.

Amar Nath Kumar Son of Radha Krishan Poddar, Resident of Mohalla-Awas Board, Sanhauli, Police Station-Chitragupt Nagar, District-Khagaria. 2.

Bhim Chandra Sah, Son of Vano Sah, Resident of Village-Hajipur, Police Station-Khagaria, District-Khagaria.

3.

Pritesh Kumar, Son of Ram Sagar Tanti, Resident of Village-Sanhauli, Police Station-Chitragupt Nagar, District-Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Department Education, Government of Bihar, New Secretariat, Patna.

2.

The Additional Chief Secretary Education Department, Government of Bihar, New Secretariat, Patna.

3.

The Director Secondary Education, Education Department, Govt. of Bihar, New Secretariat, Patna.

4.

The District Magistrate, Khagaria.

5.

The Regional Deputy Director of Education, Munger. 6.

The District Education Officer, Khagaria.

7.

The District Programme Officer, Establishment, Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Sweta Raj, Adv.

For the Respondent/s :

Mr. Standing Counsel (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 24-12-2025 Heard learned counsel for the petitioner and learned counsel appearing for the respondents-State.

2. This is the second round of litigation. Earlier also this writ petitioner had approached this Court vide CWJC No.18753 of 2021, in which the following order was passed. "Heard the parties.

The case is being taken up from the defect side.

Learned counsel for the petitioners is directed to submit the

2/4 original petition along with attested affidavits and also remove the defects pointed out by the Registry within two weeks from today.

Considering it that this matter is covered by the judgment, dated 23.02.2022 passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vrs. The State of Bihar & Ors.) and connected matters reported in 2022(2) B.L.J., 381 and the judgment dated 07.03.2022, passed in C.W.J.C. No.34 of 2022 (Minakshi @ Sushre Minakshi & Ars. Vrs. The State of Bihar & Ors), this petition is disposed of with the above terms.

If an appeal is preferred before the District Appellate Authority/State Appellate Authority the same shall be taken up at the earliest and preferably decided within a period of three months."

3. In terms of the liberty granted by the above order dated 20.04.2022 passed in CWJC No.18753 of 2021, the petitioner is stated to have filed an appeal bearing case no.12 of 2023 before the District Teachers Appellate Authority, Khagaria.

4. Learned counsel for the petitioner submits that although the appeal was filed in the year 2023 the same continues to be pending before the District Teachers Appellate

3/4 Authority, Khagaria and unnecessarily due to the pendency of the said appeal the petitioner is getting harassed. The petitioner, therefore, prays that if an appropriate direction could be issued to the District Teachers Appellate Authority, Khagaria to dispose of the pending appeal within a fixed time frame after hearing all the parties concerned.

5. To the aforesaid submission made by learned counsel for the petitioner, learned counsel appearing for respondents-State does not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, the present writ application is disposed of directing the District Teachers Appellate Authority, Khagaria to dispose of the pending Appeal Case No.12 of 2023 within six months from the date of receipt/production of a copy of this order, after hearing all the parties concerned. It is made clear that the final order which shall passed by the District Teachers Appellate Authority, Khagaria, should be a reasoned and speaking order. Under no circumstance the District Teachers Appellate Authority, Khagaria shall keep the appeal pending beyond six months and it must be decided and disposed of within the time stipulated by this Court.

4/4

7. With the aforesaid observation and direction the present writ application stands disposed of. Pending I.As, if any will be deemed to have been disposed of.

(Alok Kumar Sinha, J) Prakash Narayan U