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Patna High CourtC. REV./447/2018disposed

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

2019-04-10Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.447 of 2018 In Civil Writ Jurisdiction Case No.3068 of 2018 ====================================================== 1.

The State of Bihar 2.

The Chief Secretary, Old Secretariat, Patna.

3.

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

4.

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

5.

The Director, Mass Education, Govt. of Bihar, Patna. 6.

The District Mass Education Officer, Patna.

7.

The District Education Officer, Patna.

8.

The District Mass Education Officer, Muzaffarpur. 9.

The District Education Officer, Muzaffarpur.

... ... Petitioner/s

Versus

1.

Satyendra Kumar Son of Late Ram Lagan Singh, Resident of MohallaBaldeo Bhawan Road, Puanichak, P.O. P.S.- Shastrinagar, District- Patna. 2.

Kalyani, S/o Sri Rajeev Ranjan, resident of Village- Sherpur, P.O. Sherpur, P.S. Maner, District- Patna.

3.

Mukesh Kumar, Son of Prithvi Kumar Sinha, resident of Mohalla- Sinha Homeo Hall, Post Office Road, Punaichak, P.O. and P.S.- Shastrinagar, District- Patna- 23.

4.

Rina Kumari, Wife of Dr. Rajeev Kumar, Resident of Village- Navanagar Nizamat, Brajnandan Chowk, P.O. Kurnowl, P.S.- Sahebganj, DistrictMuzaffarpur. 5.

Priyanka Kumari, Wife of Upendra Kumar Chaubey, resident of VillageNavanagar Nizamat Mokritola P.O. Kurnowl, P.S.- Sahebganj, DistrictMuzaffarpur. 6.

Akhilesh Kumar Pandey, Son of Sri Shankar Pandey, Resident of VillageBakhra, P.S.- Saraiya, District- Muzaffarpur. 7.

Akhilesh Kumar, Son of Late Badri Narain Sah. Resident of VillageBrahmpura, P.O. Bakhra, P.S.- Saraiya, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Shilpa Singh, G.A.-12 Ms. Abhanjali, AC to GA- 12 For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

Patna High Court C. REV. No.447 of 2018(4) dt.10-04-2019 2/3 ORAL ORDER 10-04-2019 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 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

Patna High Court C. REV. No.447 of 2018(4) dt.10-04-2019 3/3 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 aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U