Bangali Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1484 of 2019 In Civil Writ Jurisdiction Case No.12896 of 2017 ====================================================== 1.

Bangali Singh S/o Sri Deo Lagan Singh Resident of Village- Girvar Bigha, P.S. Kaler, District- Arwal.

2.

Kumari Madhuri Singh W/o Bangali Singh Resident of Village- Girvar Bigha, P.S. Kaler, District- Arwal.

3.

Upendra Kumar S/o Sri Baliram Ram Vill.- Paharpur, Harijan Toli (Bulaki Bigha), P.s.- Kaler, Distt.- Arwal 4.

Kumari Sujata W/o Sri Kamlesh Kumar Koashal Vill.- Kanchan Bigha, P.s.- Kaler, Distt.- Arwal ... ... Petitioner/s

Versus

1.

The State of Bihar through sri Deepak Kumar, the Chief Secretary, Govt. of Bihar, Patna 2.

Sri R.K. Mahajan the Principal Secretary, Department of Mass Education, Govt. of Bihar, Patna 3.

Sri Ameer Subhani the Principal Secretary, Department of personal and Administration Reform, Bihar, patna 4.

Mr. Arvind Kumar Verma the Director, Primary Education, Department of Human Resources Development, Govt. of Bihar, Patna 5.

Sri Binodanand Jha The Director, Mass Education, Department of Education, Govt. of Bihar, patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surya Kant Mishra For the Opposite Party/s :

Mr.Ashutosh Ranjan Pandey (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-08-2023 The present contempt petition has been filed alleging disobedience of the order of this Court dated 07.02.2018, passed in CWJC No.12896 of 2017, whereby and whereunder the said writ petition was disposed off in terms of the order dated 03.03.2017, passed in CWJC No.384 of 2017 and other analogous cases as also in terms of the judgment passed by the

Patna High Court MJC No.1484 of 2019(3) dt.16-08-2023 2/2 learned Division Bench of this Court dated 23.01.2018 in LPA No.10471 of 2017 and the State Government was directed to take steps in light of the said two judgments and redress the grievances of the petitioners.

At the outset, the learned counsel for the opposite parties has pointed out that the learned Division Bench of this Court by a judgment dated 05.07.2023, passed in Civil Review No.59 of 2018, has been pleased to allow the said review application and has consequently dismissed the aforesaid writ petitions bearing CWJC No.384 of 2017 and other analogous cases as also has allowed the Appeal, filed by the State of Bihar and its functionaries i.e. the one bearing LPA No.1047 of 2017. Thus, it is submitted that since the judgments, on the basis of which the petitioners are claiming benefits have already been set aside/reviewed by the learned Division Bench of this Court vide judgment dated 05.07.2023, passed in Civil Review No.59 of 2018, no relief can be granted to the petitioners. Having regard to the aforesaid facts and circumstances of the case, this Court finds that the present contempt petition has been rendered otiose, hence is dismissed.

(Mohit Kumar Shah, J) Saurav/- U