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Patna High Court - Orders

Pramod Paswan vs The State Of Bihar & Ors on 25 June, 2014

Author: Sharan Singh

Bench: Sharan Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1129 of 2012
                 ======================================================
                 Pramod Paswan S/O Shri Shankar Paswan R/O Village- Bishunpurwa, P.O.-
                 Gaunaha, P.S.- Sahodra (Subhadra), District- West Champaran
                                                                       .... .... Petitioner/s
                                                    Versus
                 1. The State of Bihar
                 2. The Collector, West Champaran, Bettiah
                 3. The District Education Officer, West Champaran at Bettiah
                 4. The Block Development Officer, Gaunaha, West Champaran
                 5. The Block Education Extension Officer, Gaunaha, West Champaran
                 6. Mukhiya, Gram Panchayat Raj Dhamaura Gaunaha Block And P.O. And
                 Distt.- West Champaran
                 7. Panchayat Secretary Gram Panchayat Raj, Dhamaura, Block And P.O.-
                 Gaunaha, Distt.- West Champaran
                 8. Rajeshwar Kumar S/O Sri Kapildeo Ram R/O Village- Lagunaha, P.O.-
                 Lagunaha, P.S.- Sahodara, District- West Champaran
                                                                      .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       : Mr. Dev Kumar Pandey
                 For the Respondent No. 8 : None
                 For the State             : Mr. Shubhankar Sharma, A.C. to G.P.-XI
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
                            SHARAN SINGH
                                               ORAL ORDER

5   25-06-2014

1. The present writ application has been filed seeking quashing of the order dated 28.11.2011 passed by the District Teachers' Employment Appellate Tribunal, West Champaran in Case No. 95 of 2011 whereby the petitioner's appeal filed in compliance of an order of this Court passed in C.W.J.C. No. 1573 of 2010 came to be rejected; on the sole ground that the order passed by the Tribunal is in breach of the directions given by this Court in C.W.J.C. No. 1573 of 2010.

2. Learned counsel for the petitioner has produced before Patna High Court CWJC No.1129 of 2012 (5) dt.25-06-2014 P2/2 me a copy of the order dated 21.01.2014 passed in C.W.J.C. No. 9857 of 2013 to submit that the said order of the Tribunal dated 28.11.2011 has already been set aside by this Court on a writ application filed on behalf of the Respondent No. 8. The petitioner was impleaded as Respondent No. 8 in the said writ application. Since the order impugned in the present writ application has been set aside by this Court in said C.W.J.C. No. 9857 of 2013, this application has become infructuous.

3. This application is accordingly dismissed as having become infructuous.

4. Since the matter has again been remanded back to the Tribunal vide order dated 21.01.2014 of this Court, the petitioner herein shall have the liberty to appear before the Tribunal in the said Case No. 95 of 2011 to resist the said petition before the Tribunal.

(Chakradhari Sharan Singh, J.) Saif/-

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