IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9365 of 2008 Naresh Kumar Choudhary, son of Sri Yugal Kishore Choudhary, resident of village Sijaul, P.S. Andhra Tharhi, District- Madhubani. …………… Petitioner Versus 1.The State Of Bihar 2.The Secretary, Department of Primary and Adult Education, Govt. of Bihar, patna 3.District Magistrate-cum-Chairman Sarb Shiksha Abhiyan, Madhuabni 4.District Superintendent of Education-cum- District Programme Coordinator, Bihar Education Project, Madhubani 5.Sub Divisional Officer, Jhanjharpur, P.S. Jhanjharpur, District- Madhubani 6.Block Development Officer, Andhara Tharhi, P.S. Andhara Tharhi, District- Madhubani 7.The Mukhiya, Gram Panchayat Raj Mailam, P.S. Anchara Tharhi, District- Madhubani 8.Panchayat Secretary, Gram Panchayat Raj Mailam, P.S. Anchara Tharhi, District- Madhubani. …………… Respondents ---------------------------------- 3. 29/08/2011 Petitioner has challenged the order of the District Magistrate dated 19.2.2008, as contained in Annexure-8, by which under the orders of this Court, while examining the complaint of some other candidates, appointment of petitioner as Shiksha Mitra has also been held invalid and orders have been passed also for recovery of payments made to him. It may be that the matter was considered by the District Magistrate under the orders of this Court, but, if the appointment of the petitioner was not in 2 dispute or under challenge before this Court, he had no authority to go into the same and hold it invalid behind the back of the petitioner. In the circumstances, petitioner is granted liberty to file appeal against the said order before the statutory Appellate Authority within four weeks from today. If he does so, the Appellate Authority shall issue notice to the concerned parties giving them opportunity to be heard, shall call for the records from the Panchayat and shall decide the matter positively within two months from the date of filing of appeal by the petitioner. Till final orders are passed by the Appellate Authority, no recovery shall be made of the amount paid to the petitioner. With the aforesaid observations and directions, this writ application is disposed of. Pradeep/ ( J. N. Singh,J.)