Kanchan Kumari @ Rani Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.474 of 2018 In Letters Patent Appeal No.69 of 2017 ====================================================== Kanchan Kumari @ Rani Devi, Wife of Sri Shankar Rai, Resident of VillageJimraha, Panchayat Ethar, Police Station-Kusheshwar Asthan, DistrictDarbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary Human Resources Department, Patna 2.

The Commissioner Darbhanga Division, Darbhanga 3.

The Collector Darbhanga at Darbhanga 4.

The CDPO Kusheshwar Asthan, P.S. Kusheshwar Asthan, DistrictDarbhanga 5.

The Block Development Officer, Kusheshwar Asthan, East, P.S. Kusheshwr Asthan, District- Darbhanga 6.

The Incharge Medical Officer, Primary Health Centre, Kusheshwr Asthan, P.S. Kusheshwr Asthan, District-Darbhanga 7.

Mamta Kumari Wife of Sri Manoj Kumar Rai Resident of Village-Jimraha, Panchayat Ethar, Block Kusheshwar Asthan, East P.S.Kusheshwar Athan, District-Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagdish Prasad Singh, Advocate For the Opposite Party/s :

Mr. Priyadarshi Matri Sharan, A.C. to AAG- 15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 06-03-2019 Re: I.A. No. 1 of 2019 Heard Shri Jagdish Prasad Singh, learned counsel for the applicant.

We have considered the affidavit filed in support of the delay condonation application and we find that sufficient

Patna High Court C. REV. No.474 of 2018 dt.06-03-2019 2/3 cause has been shown to condone the delay in filing the application. The delay is condoned and the Civil Review Application shall be treated to be within time. I.A. No. 1 of 2019 stands allowed accordingly. Re: Civil Review No. 474 of 2018 The judgment under review dated 15th of May, 2018 was subjected to a challenge before the Apex Court and the following order was passed:- "The special leave petition is dismissed.

Pending application(s), if any, shall stand disposed of."

Learned counsel submits that as a matter of fact, the status of the School Leaving Certificate which is said to have been examined by the Division Bench was not reflected in the record of the Collector and, therefore, the conclusion arrived at is erroneous.

We are convinced that after the matter has been dismissed by the Apex Court, it is not open for us to allow another round of re-hearing of the matter and entertain a review application, but nonetheless we may record that the learned counsel had been confronted with the original material on record on which submissions were raised and that has been considered.

Patna High Court C. REV. No.474 of 2018 dt.06-03-2019 3/3 We, therefore, do not find any error apparent on the face of record in order to entertain this Review Application, which is accordingly rejected.

(Amreshwar Pratap Sahi, CJ) (Nilu Agrawal, J) P.K.P./- AFR/NAFR CAV DATE Uploading Date 06.03.2019 Transmission Date