IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.1646 OF 1999 MD.SABIR ALI ANSARI,S/O LATE MD. NADIR ALI, R/O VILLAGE ANDHRA, P.S ANDHRA THARI, DISTRICT MADHUBANI, AT PRESENTPOSTED AS ASSISTANT TEACHER IN PRIMARY MAKTAB, KUNJARA TOLE, THARI (ANDHRA THARI), P.S ANDHRA THARI, DISTRICT MADHUBANI. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE CUM CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, MADHUBANI. 3.THE DISTRICT SUPDT. OF EDUCATION, MADHUBANI. 4.THE BLOCK EDUCATION EXTENSION OFFICER, ANDHRA THARI, MADHUBANI. 5.THE DY. SUPDT. OF EDUCATION, MADHUBANI. 6.MAIMUNA KHATOON, C/O YUSUF ANSARI VILLAGE + P.O KADUA PS. LAKHNAUR, DISTRICT MADHUBANI. ………………………RESPONDENTS. -------- 10/ 25.07.2011 No one appears for the petitioner even today. Earlier also the petitioner was unrepresented on 22.7.2001. Counsel for the State and Respondent no. 6 however are present. Learned Counsel for the respondent no. 6 submits that he has also got no instructions. The impugned order in fact only was passed by way of making arrangement for the payment of monthly maintenance amount to 2 Respondent no. 6, the wife of the petitioner. Operation of such an order in favour of respondent no. 6 however was stayed by this Court by an interim order dated 05.04.2000 and therefore, when the petitioner as also respondent no. 6 have adopted in different attitude, it becomes clear that their personal dispute has either already come to an end or there has been some sort of amicable settlement. In that view of the matter, the impugned order dated 29.09.1998 which could not be given effect to in view of an interim order of stay passed in this case cannot be permitted to be revived specially when the controlling appointing authority of the petitioner had no jurisdiction to decide the issue of grant of monthly maintenance by the petitioner to his wife Respondent no. 6. The impugned order is accordingly quashed but it is made clear that quashing of the impugned order will not prejudice respondent no. 6 in any manner in claiming her maintenance from the petitioner in accordance with law. 3 With the aforementioned observation, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)