Patna High CourtC. REV./284/2014dismissed

Brahmdeo Yadav v. The State Of Bihar And ORS

2015-07-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.284 of 2014 IN Civil Writ Jurisdiction Case No. 3941 of 2008 =========================================================== Brahmdeo Yadav Son of Sri Mahavir Yadav resident of village - Simraha, P.S. Kusheshwar Asthan, Darbhanga .... .... Petitioner

Versus

1. The State of Bihar

2. Secretary, Primary & Adult Education, Government of Bihar, Patna

3. The Commissioner, Darbhanga Division, Darbhanga

4. The District Magistrate,Darbhanga

5. The District Education Officer, Darbhanga

6. The District Superintendent of Education, Darbhanga

7. The Block Development officer - Cum - Circle Officer, Kusheshwar Asthan, P.S. Kusheshwar Asthan, Darbhanga

8. The Block Education Extension Officer, Kusheshwar Asthan, District - Darbhanga

9. The Mukhiya, Gram Panchayat Raj Bisharia Mohim Bujrug, P.S. Kusheshwar Asthan, District - Darbhanga

10. The Panchayat Sewak - Cum - Panchayat Secretary, Gram Panchayat Bisharia Bujurg

11. The Headmaster, Primary School Mohim Bujurg, P.S. Kusheshwar Asthan, District - Darbhanga

12. Santosh Kumar Poddar Son of Lal Babu Poddar Resident of village - Mohim, P.S. Kusheshwar Asthan, District - Darbhanga .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ranjit Kumar Yadav, Adv. For the Respondent/s : Mr. Vinay Kirti Singh, Adv. For Respondent No. 12 : Mr. Jagdish Prasad Singh, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 22-07-2015 The present review application has been filed primarily on the ground that the petitioner relied upon Annexure-3 to the writ application to show that through the date of enquiry was fixed on 11.01.2008, the decision was taken on 03.01.1986. It is the case of the review petitioner that a notice was issued to the petitioner though letter no. 673 dated 24.12.2007 in which date of enquiry was fixed on

Patna High Court C. REV. No.284 of 2014 dt.22-07-2015 2/2 03.01.2008.

I have perused the said letter said to have been issued to the petitioner on 24.12.2007, brought on record by way of Annexure-1 to the review application as also the Memo No. 835 dated 28.12.2007 brought on record by way of Annexure-3 to the writ application. It is evident from the two communications that an enquiry was being held with respect to same process of selection for which 11.01.2008 was also a date fixed. In such circumstance, I do not find any reason to take a different view than what has been taken in the order under review dated 13.08.2014. This is to be recorded that the writ petitioner who has been impleaded Respondent No. 12 in the present application has denied receipt of the said communications alleged to have been issued to the petitioner on 24.12.2007 through Memo No. 673 by the office of the Block Development Officer Kusheshwar Asthan. I do not find any merit in this application. This application is accordingly dismissed.

There shall however, be no order as to costs. (Chakradhari Sharan Singh, J.) Vats/- U