The State Of Bihar And ORS v. Satyendra Kumar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.362 of 2018 In Civil Writ Jurisdiction Case No.1517 of 2018 ====================================================== 1.

The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2.

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

The Principal Secretary, Department of Personnel and Administrative Reform, Govt of Bihar, Patna.

4.

The Director, Mass Education, Govt. of Bihar, Patna. ... ... Petitioner/s

Versus

1.

Satyendra Kumar Son of Sindur Singh Resident of Village- Choukhut, P.O. Churkli, P.S. Kurlikot, District Kishanganj.

2.

Jawahar Lal Singh Son of Anand Singh Resident of Village- Galgaliyagachh, P.O. Churli, P.S. Galgaliya, District Kishanganj. 3.

Narendra Marandi Son of Lakhi Marandi Resident of Village- Kukurbaghi Miligachh, P.O. Churli, P.S. Galgaliya and District Kishanganj. 4.

Sudhir Harijan, Son of Manwar Harijan , Resident of Village- Baurigachh, P.O. Churli, P.S. Galgaliya, District- Kishanganj. 5.

Manoj Kumar Singh, Son of Bishwanath Singh, Resident of VillageBirangach, P.O. Churli, P.S. Galgaliya, District- Kishanganj. 6.

Brahm Deo Pandit, Son of Bhutuk Chandra Pandit, Resident of VillageBesarwati P.O. Churli, P.S. Galgaliya, District- Kishanganj. 7.

Hari Mohan Singh, Son of Dal Bhajan Singh, Resident of VillageGandhugachh , P.O. Churli, P.S. Galgaliya, District- Kishanganj. 8.

Shibendra Nath Singh, Son of Chandra Singh, Resident of VillageLebhiyabhitta, P.O. Hulhuli, P.S. Thakurganjm District Kishanganj. 9.

Ratan Kumar Singh, Son of Bherav Prasad Singh, Resident of VillageKhuniyavitta, P.O. Hulhuli, P.S. Thakurganj, District- Kishanganj. 10.

Anil Kumar Singh, Son of Jharu Singh, Resident of Village- Khausidangi, P.O. Pathariya, P.S. Galgaliya, District Kishanganj. 11.

Neelam Kumari @ Neelam Devi, wife of Fuleshwaar Sah, Resident of Village- Piprithan, P.S. Piparithan, P.S. Kurlikot, District- Kishanganj. 12.

Ranjeet Kumar Sexena Son of Kusheshwar Prasad Resident of VillageGothra, P.O. Thakurganj, P.S. Thakurganj, District Kishanganj. 13.

Felomina Tappo, Son of Haliriyash Tappo, Resident of Village- Sahebaganj, P.O. Churli, P.S. Galgaliya, District -Kishanganj. 14.

Sisiliya Khes @ Cieilia Xess, Son of Kamil Khes @ Camil Xess, Resident of Village-Dhemalgachh, P.O. Churli, P.S. Galgaliya, District -Kishanganj. 15.

Harendra Kumar Bhagat, Son of Nutan Bhagat, Resident of Village-

2/4 Butijhari, P.O. Churli, P.S. Galgaliya, District -Kishanganj. 16.

Parmanand Singh, Son of Yogendra Singh, Resident of Village- Khalpara, P.O. Churli, P.S. Galgaliya, District -Kishanganj. 17.

Anil Lal Singh, Son of Dinesh Singh, Resident of Village- Butijhari, P.O. Churli, P.S. Galgaliya, District -Kishanganj. 18.

Pinki Rani Sinha, Daughter of Jitendra Kumar Singh @ Jitendra Kumar Sinha, Resident of Village- Churli , P.O. Churli, P.S. Galgaliya, District -Kishanganj.

19.

Shikha Rani Singh, Daughter of Mani Shankar Singh, Resident of VillageChurli , P.O. Churli, P.S. Galgaliya, District -Kishanganj. 20.

Nitu Devi, Wife of Binod Kumar , Basak, Daughter of Vishwa Mohan Prasad Basak, Resident of Village- Kuari Baisa, Kairidirpur, P.O. Bishanpur, P.S. Kocha Dhaman, District Kishanganj.

21.

Sampa Kumari, Daughter of Nirmal Landu Singh, Resident of VillageChurli , P.O. Churli, P.S. Galgaliya, District -Kishanganj. 22.

Rimpa Kumari, Daughter of Nirmal Landu Singh, Resident of VillageChurli , P.O. Churli, P.S. Galgaliya, District -Kishanganj. 23.

Mangal Hansda, Son of Barka Hansda, Resident of Village- Churli , P.O. Churli, P.S. Galgaliya, District -Kishanganj. 24.

Kalpana Devi, Son of Rup Singh, Resident of Village- Churli , P.O. Churli, P.S. Galgaliya, District -Kishanganj.

25.

Prabhakar Jha, Son of Diwakar Jha, Resident of Village- Nepada, P.O. Rageli, P.S. Dhandakhora, District Katihar.

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

For the Petitioner/s :

Abhanjali Ac To Ga 12 For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2019 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 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

3/4 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 of 2018, which is pending adjudication before a learned Division Bench of this Court.

The present review petition stands disposed of on the

4/4 aforesaid terms.

(Mohit Kumar Shah, J) ajay gupta/- U