Mithlesh Kumar Pathak v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Review No.223 of 2016 =========================================================== Mithlesh Kumar Pathak, Head Master, Sarswati Mandir Madhya Vidyalaya, Tekari, Gaya, S/o- Krishna Kumar Pathak, R/o- Baheliya Bigha, Tekari, Gaya .... .... Petitioner/s
Versus
1. The State of Bihar through the Secretary-cum-Commissioner, Human Resources Development Department, New Secretariat, Patna
2. The Director of Primary Education, Human Resources Development Department, New Secretariat, Patna
3. Bihar Arajkiya Prathmic Shikshak Shngharsh Sammitti through Ram Sevak Mahto, son of Ram Lakhan Mahto, resident of East Bariyarpur, P.O.- Tara Bariyarpur, P.S. Khudwantpur, Distt- Begusarai
4. Kumar Anand Mohan, son of Sri Krishna Dev Singh, R/o- Vill- Parut, P.S. makhdumpur, Distt- Jehanabad at present State Representative of Magadh Zone, Bihar Arajkiya Prathmic Shikshak Shngharsh Sammitti, presently living at Umesh Bhawan, Baldev Bhawan Pth, Mohanpur, Punaichak, P.S. Shastri Nagar, Patna
5. Yoga Nand Jha, son of Late Shiv Nand Jha, Resident of Village- Sahbajpur, District- Arariya, General Secretary of Bihar Arajkiya Prathmic Shikshak Shngharsh Sammitti, presently living at Umesh Bhawan, Baldev Bhawan Pth, Mohanpur, Punaichak, P.S. Shastri Nagar, District- Patna
6. Ambika Prasad Sinha, son of Late Yamuna Prasad, R/o- Vill. Sauwan, P.S. Chandi, Distt. Nalanda at present Vice President Bihar Arajkiya Prathmic Shikshak Shngharsh Sammitti, presently living at Umesh Bhawan, Baldev Bhawan Path, Mohanpur, Punaichak, P.S. Shastri Nagar, District- Patna. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar, Advocate For the Respondent/s :
=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 19-07-2017 Seeking review of an order passed by the Division Bench of this Court in L.P.A. No. 1248 of 2011 on 19.09.2011, this application has been filed.
Considering the grounds raised in the application for
Patna High Court C. REV. No.223 of 2016 dt.19-07-2017 2/2 review and analyzing it in the backdrop of the law laid down by the Supreme Court in the case of Sasi (Dead) through Legal Representatives Vs. Aravindakshan Nair and others-(2017) 4 SCC 692, it is seen that the grounds raised are not such based on which a review application is permissible. The grounds raised are such which are to be considered by a higher court in an appeal or resorting to any other forum available.
Accordingly, finding no ground for review, in view of the law laid down in the case of Sasi (supra), the review application stands dismissed.
(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 21.07.2017 Transmission Date