Patna High Court
Abdus ShakoorversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- ALOK KUMAR SINHA
Holding
The writ petition is dismissed as withdrawn, with liberty to pursue the pending appeal before the District Education Officer.
Summary
Petitioner Abdus Shakoor challenged an order dated 25.08.2017 issued by the District Programme Officer, Madhubani, which directed him to deposit Rs.41,033 in the Mid Day Meal Scheme account and halted his payment until the deposit was made. He filed a writ petition seeking quashing of that order and other reliefs. The petitioner also filed an appeal before the District Education Officer, Madhubani, and argued that the writ petition could be withdrawn in favor of pursuing the pending appeal. The Court examined the maintainability of the writ petition in view of the pending appeal. Justice Alok Kumar Sinha dismissed the writ petition as withdrawn, granting the petitioner liberty to continue with the appeal before the District Education Officer. The order effectively leaves the matter to be decided in the administrative appeal.
Issues considered
- Whether a writ petition challenging an order can be entertained when an appeal against the same order is pending before a subordinate authority
Subjects
- writ jurisdiction
- mid day meal scheme
- deposit order
- pending appeal
- civil writ
- quashing order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15398 of 2017
======================================================
Abdus Shakoor Son of Md. Chulhai Resident of Village- Dostpur, P.S.
Khajauli, District- Madhubani
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Director Primary Education Bihar, Patna.
3. The District Education Officer, Madhubani.
4. The District Programme OfficerEstablishment Madhubani.
5. The Block Education officer Khajauli, District- Madhubani.
6. The Director Mid Day Meal Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gagan Deo Yadav, Adv.
For the Respondent/s : Mr. Jai Prabhat Kishore, AC to SC-13
For the MDM : Mr. Girijish Kumar, Adv.
Mr. Akash Anand, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
6 16-01-2026 Heard learned counsel for the petitioner, learned
counsel for Midday Meal Scheme and learned counsel
appearing for respondents-State.
2. In the present writ application the petitioner has
prayed for the grant of following reliefs:
“For issuance of an appropriate
writ/writs, for order / orders,
direction/directions quashing the
order dated 25.08.2017 as contained
in letter 25.08.2017 issued by No.
2093 dated the District Programme
Officer Madhubani where by and
where under the petitioner has been
Patna High Court CWJC No.15398 of 2017(6) dt.16-01-2026
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directed to deposit Rs. 41033.00 (Rs.
forty one thousand and Thirty three in
the account of mid day meal Scheme
and it has further been ordered that
the payment of the petitioner will
remain stopped till the aforesaid
amount is deposited. The petitioner
further prays for any other relief (s)
for which the petitioner may be
entitled the facts and found in
circumstances of the present case.”
3. After advancing some argument, learned counsel
for the petitioner submits that for seeking the aforesaid relief,
the petitioner has already filed an appeal before the District
Education Officer, Madhubani and during the pendency of the
said appeal, this writ application was filed. He, therefore,
submits that he is prepared to withdraw the present writ
application with liberty to pursue the appeal which the petitioner
has filed before the District Education Officer, Madhubani.
4. As prayed for, the writ application is dismissed as
withdrawn with liberty to pursue the appeal, if the same is
pending before the District Education Officer, Madhubani.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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