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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANJEEV PRAKASH SHARMA, J.
Amresh Kumar S/o Raja Yadav – Petitioner
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case Nos. 11765 of 2018, 14660 of 2022
Decided On : 01-02-2023
Court Order - Establishment of District Appellate Authorities - The court directed the establishment and functioning of District Appellate Authorities for adjudication of appeals, emphasizing the need for expeditious disposal of pending cases and remand of relevant cases from the State Appellate Authority to the District Appellate Authorities.
Fact of the Case:
The court directed the establishment and functioning of District Appellate Authorities for adjudication of appeals, emphasizing the need for expeditious disposal of pending cases and remand of relevant cases from the State Appellate Authority to the District Appellate Authorities.
Finding of the Court:
The court found that the concerned District Appellate Authorities should become functional and prioritize the disposal of pending appeals, with the option for the State Appellate Authority to remand cases to the District Appellate Authorities for adjudication.
Issues: Establishment and functioning of District Appellate Authorities, expeditious disposal of pending appeals, remand of cases from State Appellate Authority to District Appellate Authorities.
Ratio Decidendi: The court emphasized the need for the concerned District Appellate Authorities to become functional, prioritize the disposal of pending appeals, and provided the option for remand of cases from the State Appellate Authority to the District Appellate Authorities for adjudication.
Final Decision: The writ petition is disposed of, and the establishment and functioning of District Appellate Authorities for expeditious disposal of pending appeals is directed.
ORDER :
1. The Chief Secretary as well as the Additional Chief Secretary, Education are present along with the Advocate General who has placed on record the orders, by which the concerned Presiding Officer for the various District Appellate Authorities has been notified.
2. It is now expected that the concerned District Appellate Authorities shall become functional and the complete infrastructure is provided to them, if the same is lacking. Now, the State Appellate Authority which had been entertaining the petitions directly relating to issues, which can be examined by the respective District Appellate Authorities, in view of the judgment passed by this Court in the case of Suresh Ram vs. State of Bihar, 2022 (2) PLJR 80 : 2022 (2) BLJ 381 in CWJC No. 5489 of 2020, may in the judicial discretion remand those cases to the concerned District Appellate Authorities for adjudication.
3. I shall akin to the present petition, there are appeals which were filed in the concerned District Appellate Authorities but could not be taken up on account of the lack of the presiding officers. This Court directs that now the concerned District Appellate Authorities, which have become functional shall take up on priority basis all the appeals which has remained pending with them and it is expected that the same shall be disposed of expeditiously.
4. The personal presence of the Chief Secretary and the Additional Chief Secretary is exempted and no further proceedings are required to be taken.
5. The writ petition is disposed of. The assistance of Mr. Prabhakhar Jha, Advocate in the present matter is appreciated.
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The Court refrained from passing any order due to the pendency of a similar issue before the Apex Court.
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