IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1952 of 2010 DEVANAND SINHA @ DEVANAND SINGH . Versus STATE OF BIHAR & ORS. . ----------- 3. 16.03.2011 Heard learned counsel for the petitioner and the opposite parties. Separate show cause has been filed on behalf of the State and the Bihar State Khadi and Village Industry Board. Learned counsel submits that this Court had noticed the contention that the age of superannuation is for the Board to decide itself in view of its having adopted the resolution to follow the rules of the State Government on 18.6.1958. The contention of the Board in the present proceedings that its proposal have not been approved by the State Government and was still pending consideration was therefore not a correct stand. Learned counsel for the Board from the show cause points out that on 3.1.2011, the Board by a resolution with regard to an enhancement of age has resolved that approval may be obtained from the State Government. The writ Court noticed that since no final decision had been taken on the issue of superannuation by the Board, the writ application was premature. The Board 2 was accordingly directed to take an appropriate decision. If the Board considers approval of the State Government necessary and has sought approval, in view of the nature of the order in the writ petition, the correctness of the same cannot be tested in the present proceedings. In so far as the present proceedings are concerned, the act of the Board in having sought approval of the State Government by a fresh resolution passed by it tantamount to a decision taken to act in a particular manner. If the petitioner is aggrieved by the action of the Board in seeking approval of the State Government and contends that it is contrary to the law that can only be examined in a fresh writ application. The proceeding stands disposed. P. Kumar ( Navin Sinha, J.)