IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1603 of 2009 1. RAM CHANDRA SAO S/O LATE BISESHWAR SAO R/O VILL- BARTORA, P.O. SHARMA, P.S. LAKHISARAI, DISTT. LAKHISARAI………APPELLANT Versus 1. THE STATE OF BIHAR 2. THE DISTRICT SUPERINTENDENT OF EDUCATION MUNGER, NEW LAKHISARAI 3. THE DISTRICT MAGISTRATE LAKHISARAI 4. THE SECRETARY PRIMARY EDUCATION DEPTT., BIHAR, PATNA 5. THE DIRECTOR PRIMARY EDUCATION, BIHAR, PATNA 6. THE SECRETARY FINANCE DEPTT., BIHAR, PATNA 7. THE BUDGET OFFICER DEPTT. OF PRIMARY EDUCATION, BIHAR, PATNA 8. THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 9. MUNNI DEVI W/O ANIL SINGH R/O VILL- BARTORA, P.O.+P.S. LAKHISARAI, DISTT. LAKHISARAI…………………RESPONDENTS. ----------- 3. 25-Jun-2010 I.A. No. 8442 of 2009 This application is for condonation of delay of 61 days. The delay in filing the appeal stands condoned and I.A. is accordingly allowed. L.P.A. No. 1603 of 2009 2. Heard learned counsel for the appellant and learned counsel for the State. 3. Appellant’s prayer in the writ petition for being absorbed as school teacher of the primary school by the respondent-State was rejected in view of the categorical stand in the counter affidavit of the State that the school was never taken over by the State Government. 2 4. Learned counsel for the appellant tried to convince the writ court through a review application but that was also rejected by the order under appeal. 5. The materials available in the records of the writ petition show that the stand of the State in the counter affidavit was very clear and was not controverted by filing any rejoinder. 6. We find no good ground to interfere in the matter. The appeal is dismissed summarily. 7. If the appellant has bona fide grievance that without taking over, the Government is interfering with its functioning, he may seek his remedy through appropriate proceeding in accordance with law. perwez (R.M. Doshit, C.J.) (Shiva Kirti Singh, J.)