IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No.326 of 2010 In (CIVIL WRIT JURISDICTION CASE 7718/2009) Indu, daughter of Nageshwear Singh, resident of village Loknathpur, Police Station Dalsingsarai and District Samastipur Respondent No.11…Reveiw Applicant-Petitioner Versus 1. Rina Kumari, wife of Rajesh Kumar Jaiswal, resident of village Mow Dhaneshpur, South, Police Station Vidyapatinagar, District Samastipur ………………………………...Petitioner No.1 2. Rajesh Kumar, son of Late Ramjee Rai, resident of village Mow Dhaneshpur, South, Police Station Vidyapatinagar, District Samastipur ..Petitioner No.2 3. Amit Kumar Badal, son of Sri Ajay Kumar Mishra, resident of village Mow Dhaneshpur, South, Police Station Vidyapatinagar, District Samastipur ..Petitioner No.3 4. The State of Bihar, through Principal Secretary, Human Resources Development Department, Vikash Bhawan, Patna…Respondent no.1 5. The Collector, Samastipur…Respondent no.2 6. District Teacher Employment Appellate Authority, Samastipur……….Respondent no.3. 7. Sub-Divisional Officer, Dalsingsarai………………………….Respondent no.4 8. District Superintendent of Education, Samastipur………………………….….Respondent no.5. 9. Block Development Officer, Vidyapati Nagar, District Samastipur….Respondent no.6 10. Mukhiya, Mow Dhaneshpur (South), Gram Panchayat Vidyapati Nagar, Samastipur………………………………….Respondent no.7 11. Panchayat Secretary, Mow Dhaneshpur (South), Gram Panchayat Vidyapati Nagar, Samastipur……………………..….Respondent no.8 12. Ruby, daughter of Shiv Shankar Paswan, resident of Bal Krishnapur, Marwa, Vidyapati Nagar, P.S. Vidyapathi Nagar, District Samastipur………….Respondent no.9 13. Manoj Kumar Ram son of Sri Maheswar Ram, resident of village Hirdilpur, P.S. Patori, District Samastipur…..Respondent no.10 14. Shawana Khatoon, daughter of Sami Ahamad Ansari, resident of village 2 Shahbojpur, P.S. Kamraow, District Samastipur……………………….Respondent no.11. 15. Shahina Praveen, daughter of Abdul Aziz, resident of village Chak Nawada, P.S. Dalsingsarai, District Samastipur………………………….Respondent No.12. 16. Md. Sitara, son of Md. Ekbaluddin, resident of village Sherpur, P.S. Vidyapathi Nagar, District Samastipur……………………………….Respondent no.13 17. Rjiwana Praveen, daughter of Abdul Karim, resident of village Kawai, Bandhara, District Samastipur……….Respondent no.14. 18. Shobha Chourasiya, daughter of Ram Parvesh Chourasiya, resident of village Marba Gopalpur, District Samastipur…….............Respondent no.15 19. Sudhir Kumar Sah, son of Ram Chandra Prasad Sah, resident of village Mau Bazar, Vidyapati Nagar, P.S. Vidyapati Nagar, District Samastipur………..Respondent No.16 20. Rajeev Kumar, son of Kedar Nath Thakur, resident of village North Andar Kila Town, Hajipur……………………………..……Respondent no.17 21. Mira Kumari, daughter Soman Moachi, resident of village Mau Bazar, Vidyapati Nagar, P.S. Vidyapati Nagar, District Samastipur……………………………….Respondent No.18 22. Ranjeet Kumar Rajnish, son of late Banarsi Bhagat, resident of Mau Bazar, Vidyapati Nagar, P.S. Vidyapati Nagar, District Samastipur….Respondent No.10…………………………..Opposite Parties ------------------------------ 3 17.08.2011 Learned counsel for the petitioner points out that prior to 16.09.2010, when CWJC No.7718 of 2009 was disposed of by this Court, the Appellate Authority had already disposed of the appeal on the ground that the matter was pending in this Court in the said writ application. Perhaps learned counsel appearing for the 3 petitioner on that date did not come to know about the same and hence, he submitted that the matter is still pending with the Appellate Authority. In the circumstances, learned counsel submits that the order dated 16.09.2010 be modified to the extent that the Appellate Authority may be directed to hear the matter afresh on merits and decide the same within a time limit. In the circumstances, this review petition is disposed of with a direction to the Appellate Authority to recall the order dated 14.09.2010 passed by it in Appeal No.1132 of 2009, issue notice to the parties giving them an opportunity to be heard and decide the matter in accordance with law on merits positively within two months from the date of receipt/production of a copy of this order. It is made clear that this Court has not gone into the merits of the dispute which has to be decided by the Appellate Authority in accordance with law. BT (J. N. Singh, J.)