IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11392 of 2010 DR. RAVIKESH MISHRA S/O SRI JANARDAN MISHRA R/O VILL.- NARAIPUR, P.S. BAGHA, DISTT.- WEST CHAMPARAN AT PRESENT PRINCIPAL SRI GIRIDHARAN MISHRA HARISHANKAR PATHAK COLLEGE, BAGHA, WEST CHAMPARAN Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HIGHER EDUCATION, GOVT. OF BIHAR, PATNA 2. B.R.A. BIHAR UNIVERSITY THROUGH THE REGISTRAR, MUZAFFARPUR 3. THE REGISTRAR, B.R.A. UNIVERSITY, MUZAFFARPUR 4. THE VICE-CHANCELLOR, B.R.A. BIHAR UNIVERSITY, MUZAFFARPUR 5. THE UNIVERSITY REPRESENTATIVE-CUM-PROCTOR NAMELY DR. RAJENDRA MISHRA, B.R.A. BIHAR UNIVERSITY, MUZAFFARPUR 6. THE DISTRICT MAGISTRATE, WEST CHAMPARAN 7. THE SUB-DIVISIONAL OFFICER, BAGHA, DISTT.- WEST CHAMPARAN 8. SRI UMESH CHANDRA PANDEY S/O LATE RAMDEO PANDEY R/O VILL.- BELAURA, P.S. RAM NAGAR, DISTT.- WEST CHAMPARAN, AT PRESENT LECTURER IN PHYSICS DEPARTMENT, G.M.HP.COLLEGE, BAGHA, WEST CHAMPARAN ----------- 03. 03.01.2011 Having heard counsel for the parties as well as having perused the various notifications issued by the respondent University, which is B R A Bihar University, Muzaffarpur, this does feel that earlier the Court was misled into believing that the Sub Divisional Officer concerned was exercising power not vested in him in any manner so the stay. The Sub Divisional Officer has issued notice to this petitioner and the private respondent No.8 by virtue of being President of the governing body in the background that both these persons are fighting amongst themselves for the post of Principal and this is affecting the working of the college in question as well as the future of the students. 2 The notice which has been issued by the Sub Divisional Officer is not in the capacity of a Sub Divisional Officer but as a President of the governing body in terms of the notification issued by the University. In view of the same the writ application challenging the issuance of notice to the petitioner as well as private respondent No.8 is not amenable to any adjudication by this Court at this stage. Learned counsel representing the private respondent No.8 informs the Court that he has already filed his show cause and supporting materials before the Sub Divisional Officer but because of the interim order passed by this Court on 1.9.2010 the whole thing has remained in limbo. The writ application is disposed of with a direction that the petitioner shall appear before the Sub Divisional Officer within two weeks from today and file his detailed show cause and the Sub Divisional Officer by virtue of holding the office as a President of the governing body shall take appropriate decision at the earliest preferably within a period of two months from the date of hearing conducted in this case or after the petitioner appears before him. So far as the restraint order of operating the account is concerned, the same may be kept in abeyance only till the date a decision is taken by the Sub Divisional Officer with regard to the dispute in question. rkp ( Ajay Kumar Tripathi, J.)