IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1279 of 2011 In Civil Writ Jurisdiction Case No. 8387 of 2011 With Interlocutory Application No. 6326 of 2011 In Letters Patent Appeal No.1279 of 2011 ====================================================== Subida Kumari, W/o Niranjan Kumar, A/P Headmaster, Primary School Dhurgaon R/O Village Dhurgaon, P.S. Ekangar Sarai, Distt.-Nalanda. .... .... Petitioner/Appellant Versus 1. The State of Bihar. 2. Director, Primary Education, Govt. of Bihar, Patna. 3. Collector, Nalanda. 4. Deputy Superintendent of Education, Nalanda. 5. The General Manager, Madhya Bihar Gramin Bank, Patna. 6. Regional Manager, Madhya Bihar Gramin Bank, Regional Office, Biharsharif, Nalanda. 7. Sri Krishna Ballabh Pandey, the Branch Manager, Madhya Bihar Gramin Bank, Dhurgaon Branch, P.S. Ekangar Sarai, Distt. Nalanda. 8. Sri Ram Nath Ram, Block Education Officer, Ekangar Sarai, Nalanda. 9. Welfare Officer, Ekangar Sarai Block, P.S. Ekangar Sarai, Nalanda. 10. Sri Chandradeo Ravidas, Vikash Mitra, Dhurgaon Gram Panchayat Raj, P.S. Ekangar Sarai, Distt.-Nalanda. 11. Sri Rajiv Kumar, Secretary, Madhya Vidyalay Shiksa Samiti Madanpur, P.S. Eknagar Sarai, Distt. Nalanda. 12. Birendra Kumar, Paden Member, Head Master Madhya Vidyalay Shiksa Samiti Madanpur, P.S. Ekangar Sarai, Distt. Nalanda. 13. Sri Surendra Kumar Madhyan Bhojan Padadhikari, Biharsharif, Nalanda. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Mahesh Prasad, Advocate Mr. Rewti Kant Raman, Advocate Patna High Court LPA No.1279 of 2011 (4) dt.14-11-2011 2 / 2 2 For the Respondents Bank: Mr. R.R.Upadhyay, Advocate Mr. Devi Das Srivastava, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4. 14-11-2011 Interlocutory Application No. 6326 of 2011: The delay of 14 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No.1279 of 2011: This Appeal preferred under Clause 10 of the Letters Patent arises from order dated 13th May 2011 made by the learned single Judge in above C.W.J.C. No. 8387 of 2011. The appellant, a headmaster in a Primary School, seeks retransfer of the sum of Rs.3,50,000.00 paid to her by cheque under the mid-day meal scheme. It is evident that the cheque has not been encashed or realized. The question of retransfer of the amount shall not arise. Besides, the cheque in question is the subject matter of criminal trial wherein the appellant is the accused. The relief prayed for, therefore, could not have been granted. The learned single Judge has rightly dismissed the writ petition. No case for interference is made out. Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)