Nawal Kishore Tiwary And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No. 516 of 2016 Arising out of Letters Patent Appeal No. 1224 of 2015 ======================================================

1. Nawal Kishore Tiwary, son of Late Ram Singhasan Tiwary, Resident of Village- Pakari, Old Post Office, Nawada at Ara, District-Bhojpur, Pin802301, at present posted at Upgraded Middle School Salempur, Koelwar, District-Bhojpur

2. Bhuwaneshwar Pandey, son of late Paras Nath Pandey, Resident of village- Kariman Thakur Ke Dera, P.O. Laxmi Ke Dera, via Shahpur, District-Bhojpur, at present posted at Middle Schoo, Karnamepur, Shahpur, District-Bhojpur.

3. Bipin Bihar Choubey, son of Late Jagdish Choubey, Resident of Village- Ankodhi, P.O. Baruhan, P.S. Bagengola, District-Buxar, at present posted at Middle School, Kasap, Udwant Nagar, DistrictBhojpur.

4. Priyranjan, son of late Sheojee Choudhary, Resident of Vill+P.O. Parasiya, P.S. Jagdishpur, District-Bhojpur, at present posted at Middle School Karwan Ara, Muffasil (South) District- Bhojpur.

5. Rakesh Ranjan, Son of late Budhdeo Pandit, Resident of villageMoapkhurd, P.O.-Khuthan, District-Bhojpur, at present posted at Upgraded Middle School Kasap, Ward-4, Udwant Nagar, DistrictBhojpur.

6. Tiwary Kumud Ranjan Kishore, son of late Niwas Tiwary, Resident of Village+P.O. Siyadih, P.S. Charpokhary, District-Bhojpur, at present posted at Middle School Udwant Nagar, District-Bhojpur.

7. Chandra Shekhar Mishra, Son of late Mohan Mishra, Resident of Village- Anua, P.O. Ekwari, P.S. Sahar, Dist. Bhojpur at present posted at Middle School Kulhriya (block) Koelwar, District -Bhojpur.

8. Quazi Md. Imran, Son of late Quazi Md. Mazahar, resident of MohallaMilki, P.S. & P.O. Town Thana, Ara, District- Bhojpur at present posted at Urdu Primary School Singhi Kala, Ara Nagar.

9. Prasidh Narayan Mishra, son of Late Shree Nandan Mishra, resident of village- Sheochak, (Mishri Chack), P.O.- Nawada, P.S. Sahar, DistrictBhojpur, at present posted at Upgraded Middle School Piprahiya, Ara Muffasil (South) District-Bhojpur.

10. Mukesh Kr. Mishra, Son of late Manan Mishra, resident of Village+P.O. Hematpur, Vaya Jagdishpur, P.S. Tiyar, District-Bhojpur, at present posted at Upgraded Middle School Laxmanpur, Ara Muffasil (South) District-Bhojpur.

11. Jitendra Kumar Singh, son of Late Girija Nandan Singh, Vill-Jadopur, P.O. Pirauta, P.S.-Ara (Muffasil), District-Bhojpur, at present posted at Amar Adarsh Middle School Ramgaridhya, District-Bhojpur.

12. Niranjan Kumar, son of late Suradeo Singh, resident of village-Jethwar, P.O. Jethwar, P.S. Tarari, District-Bhojpur, at present posted at Primary School Khajuata, Udwant Nagar, District-Bhojpur.

13. Dhirendra Kumar Singh, son of late Ramnath Singh, resident of village+ P.O. Sedhan, P.S. Tarari, District-Bhojpur at present posted at Middle school, Beldihari, P.O. Basauri, P.S. Sikarahta, Tarari, District-Bhojpur.

14. Gorakh Upadhyay, son of late Dinanath Upadhyay, resident of village + P.O. Nonar, P.S. Piro, District-Bhojpur, at present posted at Middle

Patna High Court C. REV. No.516 of 2016 (6) dt.04-07-2018 2/3 School Pachrukhiya, Piro, District-Bhojpur.

15. Sanjay Kumar Dewansu, Son of late Viveka Nand Singh, resident of Village-Darsan Chhapra, P.O. Bichhion, P.S.-Udwant Nagar, DistrictBhojpur, at present posted at Upgraded Middle School, Chakiya, Udwant Nagar, District-Bhojpur.

16. Kumar Arvind, son of late Banke Bihari Roy, Resident of Village Karma, P.O. Dhawani Karakat, P.S. Godari, District-Rohtas, at present posted at Middle School Nawada Ben, Udwant Nagar, District-Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2. The Joint Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.

3. The Director, Primary Education Department, Govt. of Bihar, Patna.

4. Regional Deputy Director of Education, Government of Bihar, Patna.

5. The District Program Officer (Establishment) District-Bhojpur.

6. The District Education Officer, District-Bhojpur .... .... Respondents/Opposite Parties (1st Set)

7. Vijay Choudhary, son of late Ram Awadesh Choudhary, Resident of Village+ P.O. -Belaur, P.S. Udwant Nagar, District- Bhojpur at present posted at Middle School Sarathuwan, Udwant Nagar, DistrictBhojpur. ---------------------Appellant/Opposite Parties (2nd Set) ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD) 04-07-2018 It is submitted by the learned counsel for the review petitioners that the issue decided in the L.P.A. under review is pending consideration in some other proceedings. He apprehends that he would be deprived of the fruits of adjudication in the

Patna High Court C. REV. No.516 of 2016 (6) dt.04-07-2018 3/3 pending proceeding, if the issues of law are decided and are favourable to him, keeping in view the order passed in the L.P.A. under review.

2. The submissions advanced by counsel for the review petitioners on the basis of apprehensions do not make out any ground for review.

3. This Court would only observe that if any declaration of law is made in respect of the claim made by the petitioners, in the other pending proceeding, it would be open for the petitioners to take appropriate remedy, in accordance with law.

4. The application stands dismissed.

(Ahsanuddin Amanullah, J.) (Madhuresh Prasad, J.) P. Kumar U