IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3324 of 2009 MADAN PANDEY & ORS Versus THE STATE OF BIHAR & ORS ----------- 3. 1.5.2009 Heard learned counsel for the petitioners and learned counsel appearing for the Bihar Sanskrit Siksha Board. It is submitted that the petitioners are the teachers of Sri Shankar Pramthmik-Sah-Madhaya Sanskrit Bidyalay, Mokar, Sasaram at Rohtas. This school has been granted recognition by the State Government. A controversy was sought to be created by one Ayodhaya Prasad Singh on the issue of the identity and genuineness of the school whether it be the one where the petitioner was functioning or the one claimed by the former. The matter finally ended up with an order dated 12.1.1988 in Appeal No. 40 of 1987 of the Special Director (Secondary Education) with direction that the payment be made to the petitioners. The said Sri Ayodhaya Prasad Singh filed a Title Suit No. 45 of 1998 which was dismissed on 18.5.2001. Title Appeal No. 270 of 2001 preferred against the same was dismissed for non-prosecution and Misc. Case No. 7 of 2004 for restoration of the same was also dismissed for non- prosecution. Misc. Case No. 9 of 2004 was then filed for restoration of Misc. Case No. 7 of 2004. This was also dismissed by order dated 13.3.2008 copy whereof is appended at Annexure-7. On 25.7.2006 in pursuance of the order of the Special Director (Secondary Education), directions were issued for payment of salary to the petitioners with effect from 24.8.2004. - 2 - The submission is that contrary to the aforesaid, the Deputy Director, Secondary Education on 4.7.2007 vide Annexure-9 has directed stay of implementation of the order dated 25.7.2006 till disposal of Miscellaneous Case No. 9 of 2004. Learned counsel submits that the ground is non est. Learned counsel for the State has no objection if the writ application is disposed off with a direction to respondent no. 2 to examine this limited issue of fact on the ground given in the order dated 4.7.2007 being non est for reason of dismissal of Misc. Case No. 9 of 2004 on 13.3.2008. If he is satisfied of the correctness thereof, let the order dated 25.7.2006 be implemented forthwith. The writ application stands disposed off. P. Kumar (Navin Sinha, J.)