The State Of Bihar v. Sanjay Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.435 of 2018 In Civil Writ Jurisdiction Case No.15373 of 2017 ====================================================== 1.

The State Of Bihar through the Commissioner-cum- Secretary, Department of Education, Govt. of Bihar, Patna.

2.

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

The Commissioner-Cum-Secretary, Department of Education, Govt. of BIhar, Patna.

4.

The Director, Mass Education, Govt. of Bihar, Patna. 5.

The District Education Officer, Supaul.

6.

The Program Officer, Supaul.

7.

The District Education Officer, Araria.

... ... Petitioner/s

Versus

1.

Sanjay Kumar S/o Ashok Kumar Sah @ Ashok Sah Resident of VillageRatauli, P.O.-Ratauli Hat, P.S.-Pipra, Dist.-Supaul. 2.

Subhash Chandra Bosse, S/o Dahori Sah, Village-Bathaaha, P.O. Kataia Maha, P.S.-Pipra, Dist-Supaul.

3.

Shiv Shankar Mandal S/o Sri Nageswar Mandal, Resident of VillageGidarahi Uthar Tola, P.O.-Gidarahi, P.S. Pipra, Dist.-Supaul. 4.

Anandi Yadav, S/o Late Khushilal Yadav R/v-Barahasa Ward No.-13, P.S.- Narpatganj, Dist.-Araria ... ... 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 basis whereof the original writ petition was disposed of, has been modified by a Judgment of the learned Division Bench

Patna High Court C. REV. No.435 of 2018(4) dt.27-03-2019 2/3 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 2018, which is pending adjudication before a learned Division Bench of this Court.

Patna High Court C. REV. No.435 of 2018(4) dt.27-03-2019 3/3 The present review petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U