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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.363 of 2018 In Civil Writ Jurisdiction Case No.12300 of 2017 ====================================================== 1.

The State Of Bihar 2.

The Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna.

3.

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

4.

The District Magisrate, Bhagalpur.

5.

The District Education Officer, Bhagalpur.

... ... Petitioner/s

Versus

1.

Vikash Kumar Son of Anil Prasad Tiwary, Resident of Village- Bharokhar, P.S. Jagdishpur, District- Bhagalpur at present Address C/o Manoj Sah, Resident of Mohalla- Hasanganj More, Mirjanhat, P.S. Majahidpur, DistrictBhojpur.. 2.

Gulshan Kumar Pandey, Son of Sir Ramesh Chandra Pandey, Resident of Village- Baijant, P.S. Jagdishpur, District- Bhagalpur. 3.

Bangtesh Kumar Dubey, Son of Sri Laxmi Narayabn Dubey, Resident of Village- Channo, P.S. RashalpurKahalgaon, District- Bhagalpur. 4.

Dilip Kumar Singh, Son of Ram Lal Singh, Resident of Village- Sabour, P.S. Sabour, District- Bhagalpur.

5.

Uttam Kumar Mishra. Son of Sri Jay Prakash Mishra, Resident of VillageGratikar, P.S. Phullidumar, District- Banka. 6.

Pankaj Kumar Tiwary, Son of late Naityanand Tiwary, Resident of VillageTardiha, P.S. Jagdishpur, Distt- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Abhanjali Ac To GA 12 For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-03-2019 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

Patna High Court C. REV. No.363 of 2018(4) dt.27-03-2019 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 dated27.06.2018 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. 25804of 2017) as well as by the final outcome of Civil Review No. 59of

Patna High Court C. REV. No.363 of 2018(4) dt.27-03-2019 3/3 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) Tiwary/- U