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Patna High Court

Abdus ShakoorversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

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The writ petition is dismissed as withdrawn, with liberty to pursue the pending appeal before the District Education Officer.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also filed an appeal before the District Education Officer, Madhubani, and argued that the writ petition could be withdrawn in favor of pursuing the pending appeal.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 Justice Alok Kumar Sinha dismissed the writ petition as withdrawn, granting the petitioner liberty to continue with the appeal before the District Education Officer.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
                                                     2/2




                                                    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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