The State Of Bihar And ORS v. Shyama Sinha And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.330 of 2018 In Civil Writ Jurisdiction Case No.18829 of 2017 ======================================================

1. The State Of Bihar

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

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

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

5. The District Education Officer, Patna.

6. The District Education Officer, Nalanda.

... ... Petitioner/s

Versus

1. Shyama Sinha wife of Omkar Nath Prasad, resident of Village- Gauri Punda, Police Station- Fatuha, District- Patna.

2. Deo Nandan Kumar, son of Suhawan Singh, resident of Village- Karbigha, Police Station- Fatuha, District- Patna.

3. Neelam Kumari, wife of Sri Ram Ratan Singh, D/o- Late Jagdish Pd. Gupta, resident of Village- Kuraita, Police Station- Hilsa, District- Nalanda.

4. Sunita Kumari, wife of Late Nawal Kishor Prasad, resident of VillageJamardanpur, Police Station- Fatuha, District- Patna.

5. Shankar Prasad, son of Mundrika Prasad Singh, resident of VillageBudhuchak, Police Station- Fatuha, District- Patna.

6. Rajeev Kumar, son of Baldeo Prasad, resident of Village- Hajipur, Police Station- Fatuha, District- Patna.

7. Dharmveer Singh, son of Sarvi Singh, resident of Village- Kolhar Ariyag Tola, Police Station- Fatuha, District- Patna.

8. Rajnandan Paswan, son of Nagina Paswan, resident of Village- Gauri Punda, Police Station- Fatuha, District- Patna.

9. Tara Kumari, wife of Sachidanand Singh, resident of Village- Hajipur, Police Station- Fatuha, District- Patna.

10. Shakuntala Devi, wife of Jagdish Prasad, resident of Village- Mohiuddinpur, Police Station- Fatuha, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Ac To Ga 12 For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2019 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 the learned Division Bench in LPA No. 1047 of 2017, on the

Patna High Court C. REV. No.330 of 2018(4) dt.30-01-2019 2/3 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 2017) as well as by the final outcome of Civil Review No. 59

Patna High Court C. REV. No.330 of 2018(4) dt.30-01-2019 3/3 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) ajay gupta/- U