Ramdhyan Kushwaha And ORS v. The State Of Bihar Through Mr. Amir Subhani, The Principal Secretary, General Administration Depart

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.26 of 2018 In Civil Writ Jurisdiction Case No.23479 of 2012 ====================================================== 1.

Ramdhyan Kushwaha and Ors son of Late Banshi Kushwaha, resident of Village- Pipra Daula Kadam, Police Station- Atta, District- Dewaria. 2.

Vidyanand Pandey, son of Late Ramashish Pandey, resident of VillageBarwat Pasrain, Police Station- Bettiah Muffasil, District- West Champaran. 3.

Nawal Kishore Dubey, son of Sh. Ram Shakal Dubey, resident of VillageSingachhapar Lalgarh, Police Station- Bettiah Mufassil, District- West Champaran.

4.

Madan Das, son of Late Gunraj Das, resident of Village- Bakharia, Police Station- Majhaulia, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Mr. Amir Subhani, The Principal Secretary, General Administration Depart 2.

Mr. H.R. Shriniwas, the Divisional Commissioner, Tirhut Division, Muzaffarpur.

3.

Mr. Dr. Nilesh Ramchandra Dewre, the District Magistrate, West Champaran.

4.

Mr. Sanjay Kumar, the Deputy Collector Establishment, West Champaran, Bettiah.

5.

Mr. Sunil Kumar, the Sub- Divisional Officer, Bettiah, West Champaran. ... ... Opposite Party/s ====================================================== with CIVIL REVIEW No. 145 of 2019 In Civil Writ Jurisdiction Case No.23479 of 2012 ====================================================== 1.

The State of Bihar, Through the Principal Secretary,General Administration Department, Old Secretariat Govt. of Bihar, Patna 2.

The Principal Secretary, General Administration Department, Old Secretariat Govt. of Bihar, Patna.

3.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 4.

The District Magistrate, West Champaran at Bettiah. 5.

The District Establishment, Deputy Collector, West Champaran, Bettiah. 6.

The Sub Divisional Officer, Sadar Bettiah, P.S. Bettiah, District- West Champaran at Bettiah.

... ... Petitioner/s

Versus

2/4 1.

Ram Dhyan Kushwaha Son of Late Banshi Kuswaha At present resident of village-Pipra Daula Kadam, P.S.-Ata, Dist-Dewaria. 2.

Vidyanand Pandey Son of late Ramashish Pandey, Resident of VillageBarbat, Prasarain Betia, P.S.-Muffasil Bettiah, Dist-West Champaran. 3.

Nawal Kishore Dubey Son of Sri Ram Sakal Dubey Resident of VillageSingachhapar, Lalgarh, P.S. Muffasil Bettiah, Dist-West Champaran. 4.

Madan Das Son of Late Gunraj Das Resident of Village-Bakharia, P.S.- Manjhaulia, Dist-West Champaran.

... ... Opposite Party/s ====================================================== with Miscellaneous Jurisdiction Case No. 1529 of 2019 In Miscellaneous Jurisdiction Case No.169 of 2018 ====================================================== 1.

Hari Narain Tiwari S/o Sh. Daroga Tiwari resident of Village- Barwat Pasrain, Police Station- Bettiah Muffasil, District- West Champaran. 2.

Kameshwar Pandey S/o Late Madan Pandey resident of Village- Barwat Pasrain, Police Station- Bettiah Muffasil, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Mr. Dr. Nilesh Ramchandra Dwere, the District Magistrate, West Champaran 2.

Mr. Anil Roy the Deputy Collector (Establishment), West Champaran, Bettiah 3.

Mr. Kumar Satyendra Yadav the then Deputy Collector, Nazarat, West Champaran, Bettiah ... ... Opposite Party/s ====================================================== Appearance :

(In Miscellaneous Jurisdiction Case No. 26 of 2018) For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Prabhat Kumar, AC to GA-11 (In CIVIL REVIEW No. 145 of 2019) For the Petitioner/s :

Mr.Sanjay Kumar Ghosarvey, Advocate For the Opposite Party/s :

Mr.

(In Miscellaneous Jurisdiction Case No. 1529 of 2019) For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Prabhat Kumar Verma (AAG3) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 19-04-2023 Re. M.J.C. No. 26 of 2018.

3/4 Admittedly, the respondents have complied with the order passed by this Court regarding regularization. However, the same has been made subject to the decision in review petition. Review petition has already been filed. The same shall be examined on its own merits. The MJC and notices initiated for contempt, stands discharged as the compliance has already been made.

The application stands disposed of.

Re. MJC 1529 of 2019.

In the light of the Division Bench Judgment the case of petitioner no. 1, namely, Hari Narayan Tiwary in CWJC No. 17205 of 2010 has been regularized while the case of petitioner no.2, namely, Kameshwar Pandey was examined and was found to lacking eligibility for regularization. Order has been passed by the respondents upon his representation.

In view of the direction issued by this Court, it is apparent that there is no direction for regularizing petitioner no.2, the MJC as far as petitioner no.2 is concerned is wholly misconceived. Accordingly, and is, accordingly, dismissed. As such, it is dismissed and notice are discharged. Re. C. Rev. No. 145 of 2019.

Detagged.

4/4 As prayed for by learned counsel for the State, list this case after four weeks.

(Sanjeev Prakash Sharma, J) Ashwini/- Item No. 51, 51.1 & 51.25 U