Patna High CourtC. REV./14/2015dismissed

Birendra Kumar Singh v. The State Of Bihar And ORS

2016-09-28Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.14 of 2015 In Civil Writ Jurisdiction Case No. 3811 of 2007 ======================================================

1. Birendra Kumar Singh son of Late Laxmi Narayan Singh, resident of village- Aatt, P.S.- Madanpur, District- Aurangabad, Assistant TEacher of Subject Hindi in Sahdeo High School Kamalpur, Tekari, Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Commissioner- cum- Secretary, Secondary Education Department, Government of Bihar, New Secretariat, (Vikas Bhawan), Patna

3. The Director, Secondary Education cum Special Secretary, Government of Bihar, New Secretariat, (Vikas Bhawan), Patna

4. The Regional Deputy Director of Education, Magadh Division, Gaya

5. The District Education Officer, Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghwendra Sharan Pandey, Adv. For the Respondent/s : Mr. S.K. Sharma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 28-09-2016 Heard learned counsel for the parties.

This application has been filed for review of the judgment and order passed in C.W.J.C.No.3811 of 2007 whereby this Court while holding that a writ remedy in view of a disputed claim would not be appropriate has given liberty to the petitioner for moving appropriate civil court for a declaration on his appointment letter as to whether it is forged document. The petitioner went in appeal giving rise to L. P. A. No. 1655 of 2014 and chose to withdraw the appeal for filing a review application and the Letters Patent Appeal was disposed of as withdrawn.

Patna High Court C. REV. No.14 of 2015 (4) dt.28-09-2016 2/2 Considering that the order passed by the writ Court is an order on merits as to the maintainability of the writ, in view of the withdrawal of the appeal filed by the petitioner the opinion of the writ Court has attained finality and does not require a review. The review application is dismissed.

(Jyoti Saran, J) Bibhash/- U