The State Of Bihar And ORS v. Sudha Kumari And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.414 of 2018 In Civil Writ Jurisdiction Case No.16690 of 2017 ====================================================== 1.

The State Of Bihar through the Chief Secretary, Government of Bihar 2.

The Principal Secretary, Education Department, Govt. of Bihar, patna 3.

The Principal Secretary, Department, of Personnel and Administrative Reforms, Govt. of Bihar, Patna 4.

The Director, Mass Education, Govt. of BIhar, Patna. ... ... Petitioner/s

Versus

1.

Sudha Kumari Daughter of Muneshwar Mandal, Resident of VillageMalhariya, P.O. Garh Baraili, P.S. Kaswa, District-Purnea. 2.

Mala Devi, Daughter of Bhagwat Mehta, Resident of Village-Damgara, P.S. Dhamdhaha, District Purnea.

3.

Ashok Kumar Yadav, Son of Bhagwan Yadav, Resident of Village-Dangraha, P.S. K.Nagar, District Purnea.

4.

Ranjan Prasad Mahto, Son of Brahamdeo Mahto, resident of Village-Birpur Deudhi P.O. Hasanpur Chini Mill, P.S. Hasanpur, District Samastipur. 5.

Savita Kumari Savita Devi, D/o Yugeshwar Roy, W/o Ranjan Prasad Mahto, Resident of Village-Birpur Daudhi P.O. Hasanpur Chini Mill, P.S. Hasanpur, District-Samastipur.

6.

Shiva Narayan Suman, Son of Jiwachh Yadav, Resident of Village-Simraha, P.O.-Chigri P.S. Kusheshar District-Darbhanga. 7.

Jai Shanker Prasad, Son of Guneshwar Prasad, Resident of Village-Kelwari, P.O. Sihma P.S. Bithan, District-Samastipur.

8.

Bachulal Sahani, Son of Late Chhathu Sahani, Resident of Village-Majhar Pandubi, P.O. Majhar, P.S. Pakridayal, District East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Abhanjali For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-06-2019 Since the order under review was passed with consent of the parties, no interference is required in the present case, however, it has been pointed out that the judgment passed

Patna High Court C. REV. No.414 of 2018(4) dt.19-06-2019 2/3 by the learned Division Bench in L.P.A. No. 1047 of 2017, on the basis whereof, the original writ petition was disposed of, has been modified by a judgment of the learned Division Bench dated 27.06.2018 passed in Civil Review No. 59 of 2018 by which it has been directed that the matter be listed after passing of the order by the Hon'ble Apex Court in SLP (C) No. ...... of 2017 (Diary No. 25804 of 2017).

In view of the aforesaid submission of the learned counsel appearing for the petitioners-The State of Bihar, the order dated 16.02.2018 passed in CWJC No. 16690 of 2017 is modified to the extent that the same would abide by the final decision to be rendered by the Hon'ble Apex Court in SLP(C) No. ... of 2017 (Diary No. 25804 of 2017).

In view of the fact that the judgment passed by the learned Division Bench in L.P.A. No. 1047 of 2017, which was the basis for disposing of the original writ petition, has been modified by the learned Division Bench by a judgment dated 27.06.2018 passed in Civil Review No. 59 of 2018, the consequences have to follow, hence, there is no need of issuing notice to the private respondent and the matter is now required to be governed by the judgment to be rendered by the Hon'ble Apex Court in SLP ( C) No. ......... of 2017 (Diary No. 25804

Patna High Court C. REV. No.414 of 2018(4) dt.19-06-2019 3/3 of 2017) as well as by the final outcome of Civil Review No. 59 of 2018, which is pending adjudication before a learned Division Bench of this Court.

The present review petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U