The State Of Bihar And ORS v. Dhruv Kumar Pathak And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.337 of 2018 In Civil Writ Jurisdiction Case No.14621 of 2017 ======================================================

1. The State of Bihar

2. The Chief Secretary, Old Secretariat, Government of Bihar, Patna.

3. The Principal Secretary, Department of Education, Government of Bihar, Patna.

4. The Director, Mass Education, Bihar, Patna.

5. The District Education Officer, Arwal.

... ... Petitioner/s

Versus

1. Dhruv Kumar Pathak, Son of Late Roopnarayan Pathak, resident of VillageWalidad, Police Station- Mehandia, District- Arwal.

2. Awdhesh Kumar, Son of Late Punyadev Singh, resident of Village- Bakhtar, Police Station- Mehandia, District- Arwal.

3. Kishor Sharma, Son of Late Birendra Sharma, resident of Village- Chakiya, Police Station- Mehandia, District- Arwal.

4. Ravindra Kumar, Son of Ram Swarup Singh, resident of Village- Belawn, Police Station- Kaler, District- Arwal.

5. Md. Salim, Son of Late Md. Anis, resident of Village- Kaler, Police StationKaler, District- Arwal.

6. Parshuram Ram, Son of Late Ganeshi Ram, resident of Village- Sakharpur, Police Station- Mehandia, District- Arwal.

7. Minta Kumari, Wife of Yogeshwar Singh, resident of Village- Belsar Chauki, Police Station- Mehandia, District- Arwal.

8. Radhika Kumari, Wife of Shivnath Kumar, resident of Village- Thakur Bigha, Police Station- Kaler, District- Arwal.

9. Rakiba Khatoon, Wife of Akhtar Nehal, resident of Village- Kaler, Police Station- Kaler, District- Arwal.

10. Akhilesh Ram, Son of Ramasharary Ram, resident of Village- Thakur Bigha, Police Station- Kaler, District- Arwal.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar ( AC to GA-12 ) For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-12-2018 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 by

Patna High Court C. REV. No.337 of 2018(4) dt.12-12-2018 2/3 the learned Division Bench in LPA 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 15.03.2018 passed in CWJC No. 4249 of 2018 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 of

Patna High Court C. REV. No.337 of 2018(4) dt.12-12-2018 3/3 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) S.Sb/- U