← Library
Patna High CourtL.P.A/567/2018dismissed

Dhirjesh (Wrongly Typed As Dherjesh In The Connected Writ Application), v. The State Of Bihar

2022-11-01Mr. Justice Sunil Dutta Mishra,Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.567 of 2018 along with Interlocutory Application No. 7885 of 2018 arising out of Civil Writ Jurisdiction Case No.6827 of 2016 ====================================================== 1.

Dhirjesh (wrongly typed as Dherjesh in the connected writ application), Son of Late Dhirendra Prasad Sinha, resident of Kachi Pakki Road, Sidhi Niwas, Atardah, P.S. Sadar, P.O.- Ramha, District- Muzaffarpur. 2.

Sanjay Kumar Rai, Son of Late Brijnandan Rai, resident of Village and P.O.- Akodhi, Police Station- Akhodhi Gola, District- Rohtas. 3.

Md. Islam Hussain, son of Md. Nizam Hussain, resident of Bardhi Gola, P.O and Police Station- Akodhi Gola, District Rohtas High School, Budhbal, Daraghat, Sasaram.

4.

Vivek Kumar Gupta, Son of Late Ishwari Prasad Gupta, Resident of Village, Post and Police Station Akodi Gola, Rohtas, Rajkeshwar, High School, Khudanu, Sasaram.

5.

Santosh Kumar Gupta, Son of Nand Gopal Prasad, Resident of villageBaradhi Gola, P.O. and Police Station- Akhodi Gola, District- Rohtas. 6.

Shashi Ranjan Kumar, Son of Raghubir Prasad Prajapati, Resident of village and P.O. Akodhi, Police Station- Akhodhi Gola, District- Rohtas. 7.

Kamlesh Kumar Singh, Son of Shree Lakhan Deo Singh, resident of VillageDharhara, Post- Darihat, District- Rohtas (Sasaram), Bihar. 8.

Ganesh Kumar Singh, Son of Satrudhan Prasad Singh, Resident of Jalalpur, Post- Bela, P.S. Dariyapur, District- Saran (Chapra). ... ... Appellant/s

Versus

1.

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

2.

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

3.

The Director, Education Department, Government of Bihar, Patna. 4.

The District Education Officer, Bettiah, West Champaran. 5.

The District Education Officer, Sasaram, Rohtash. 6.

The District Education Officer, Chapra, Saran. 7.

The Deputy Commissioner (D.D.C.) Cum Chief Executive Officer, District Board, Sasaram, Rohtas.

8.

The Deputy Commissioner (D.D.C.) - Cum - Chief Executive Officer, District Board, Bettia, West Champaran.

9.

The Deputy Commissioner (D.D.C.) - Cum - Chief Executive Officer, District Board, Chapra, Saran.

10.

Priyanka Kumari, Wife of Santosh Kumar, Resident of Village - Belbanwa (Motihari), Police Station - Motihari Town, District East Champaran.

Patna High Court L.P.A No.567 of 2018(7) dt.01-11-2022 2/3 11.

Hari Bhushan Singh, Son of Jai Kumar Singh, resident of Khairahi, P.O.- Pachpokhari, Police Station- Nokha, District- Rohtas. 12.

Sanoj Kumar, Son of Gopichand Das, resident of Village Navinagar (Das Mohalla), P.O. and Police Station- Navinagar, District- Aurangabad. 13.

Dharmendra Kumar, Son of Late Ganesh Ram, resident of Village and PostBairwa, Police Station- Shivsagar, District- Rohtas, Sasaram. 14.

Sunita Kumari, Daughter of Ganesh Ram, Resident of Village and PostUghani, Police Station- Chenari, District- Rohtas. 15.

Rakesh Kumar, Son of Mahendra Prasad Singh, resident of Sar Ganesh Dutt Nagar, Road No. 2, Post- Bhagwanpur, P.S. Sadar, District- Muzaffarpur. 16.

Munna Kumar Singh, Son of Yogendra Prasad Singh, resident of Sadhmua, P.S.- Dariyapur, Post- Bela, District- Saran (Chapra). 17.

Rajnikant Singh, Son of Late Sita Ram Singh, P.O.- Parsa, P.S. Parsa, District- Saran (Chapra).

18.

Punam Kumari Singh, Wife of Sikander Prasad Singh, resident of VillageBasti Jalal, P.S.- Dighwara, District- Saran (Chapra). ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Amaresh Kumar Sinha, Advocate : Mr. Vaibhav Narayan, Advocate For the State :

Mr. Shashi Shekhar Tiwary AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) 01-11-2022 Re. :

Interlocutory Application No. 7885 of 2018 Heard Mr. Amaresh Kumar Sinha, learned counsel for the appellants and learned AC to AAG 15 for the State.

2. Learned counsel for the appellants submits that there is delay of 25 days in filing of the appeal for which I.A. No. 7885 of 2018 has been filed.

3. Having heard learned counsel for the parties and upon going through the averments made in the Interlocutory

Patna High Court L.P.A No.567 of 2018(7) dt.01-11-2022 3/3 Application, the court finds that sufficient cause has been shown for filing the appeal after delay of 25 days. Accordingly, the delay in filing of the present appeal stands condoned.

4. Interlocutory Application No. 7885 of 2018 stands disposed of.

Re. : L.P.A No. 567 of 2018

5. Mr. Amaresh Kumar Sinha, learned counsel for the appellants states that arising of the same impugned judgment Priyanka Kumari and Ors. had filed LPA No. 671 of 2018 which has since been dismissed by judgment dated 11.04.2019.

6. Having regard to the aforesaid, the present appeal also stands dismissed in terms of judgment dated 11.04.2019 passed in LPA No. 671 of 2018.

(Ahsanuddin Amanullah, J) ( Sunil Dutta Mishra, J) kamlesh/- U