Diwesh Prasad Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.157 of 2022 In Civil Writ Jurisdiction Case No.105 of 2022 ====================================================== Diwesh Prasad Pathak S/o Late Ramnath Pathak R/o Village- Bilap, P.S. Bihta, District- Patna ... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Dept. Govt. of Bihar Patna 2.

The Principal Secretary, Education Dept. Govt. of Bihar Patna 3.

The Director, Primary, Education Dept. Govt. of Bihar Patna 4.

The Regional Deputy Director of Education, Patna 5.

The District Education Officer, Patna 6.

The District Programme Officer, (Establishment), Patna 7.

The Accountant General, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Gautam Kumar Yadav, Advocate For the Respondent/s :

Mr.Ajay Kumar Rastogi (AAG-10) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-11-2024 The appellant is concerned with an issue which was decided in his case against him as early as on 19.08.2017 relying upon a judgment passed by another learned Single Bench.

2. The present appeal has been filed on the ground that the learned Division Bench judgment found a similar issue in favour of the petitioner. The learned Single Judge rightly found that when the writ petition filed by the petitioner was

Patna High Court L.P.A No.157 of 2022(4) dt.29-11-2024 2/2 dismissed way back on 19.08.2017, a change of law or a different interpretation of law, in a subsequent judgment would not be a ground to again consider the case of the petitioner.

3. We fully agree with the learned Single Judge. The matter stands settled against the appellant as early as on 2017. We find absolutely no reason to entertain the subsequent writ petition on the same ground.

4. The appeal stands dismissed.

(K. Vinod Chandran, CJ) (Partha Sarthy, J) Anushka/- U