IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10030 of 2006 RINA KUMARI, wife of Sunil Kumar Giri, Resident of village Chak Faridabad, P.s. Jandaha, District – Vaishali …… Petitioner Versus 1. THE STATE OF BIHAR through the Director, Panchayati Raj, Bihar, Patna 2. The District Magistrate cum Collector, Vaishali at Hajipur 3. Block Development Officer, Jandaha, P.S. Jandaha, District – Vaishali 4. Secretary, Gram Panchayat, Rasalpur Purshottam, P.s. Jandaha, District Vaishali …… Respondents ----------- For the Petitioner : M/s Y.V. Giri, Sr. Advocate Raju Giri, Advocate For the State : Mr. Sanjay Prasad, A.C. to A.A.G. 10 ----- 2 10.03.2011 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner submits that the impugned order seems to have been passed on the basis of some order passed by the Block Development Officer concerned prior to coming into force of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Sewa Shart) Niyamawali, 2006, which had empowered the Block Development Officer under Rule 18 to look into the dispute with regard to the appointment of Panchayat Teacher. In that view of the matter, the order does not 2 seem to have been passed by any revisonal or appellate authority and as such, it is submitted that the petitioner wants to move before the newly constituted appellate authority under Rule 18 of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Sewa Shart) Niyamawali, 2006 ( as amended by Amendment Rules 2008) (hereinafter referred to as “the Rules). Learned counsel for the State raises no objection. Accordingly, this writ application is dismissed as withdrawn with liberty to the petitioner to avail the forum of appeal. If such an appeal is filed by the petitioner within eight weeks from today before the concerned appellate authority, the same shall be considered on its own merit and disposed of in accordance with law within the time prescribed in the Rules. It is made clear that this Court has not formed any opinion with regard to the merit of the case of the petitioner. Spd/- ( Dr. Ravi Ranjan, J.) 3