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Patna High CourtL.P.A/1333/2013dismissed

The State Of Bihar And ANR v. Jainendra Singh And ORS

2017-02-15Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1333 of 2013 IN Civil Writ Jurisdiction Case No. 20326 of 2011 ===========================================================

1. The State of Bihar through the Principal Secretary, Human Resources Development Department (Now Known As Education Department) Bihar, Patna

2. Secretary, Human Resources Development Department, (Now Known As Education Department) Bihar, Patna .... .... Respondent Nos. 1 and 2.....Appellants

Versus

1. Jainendra Singh Son of Sri Braj Bihari Singh Resident of Village Mehandiya, P.O. - Jaipur, P.S. - Mehandiya, District - Arwal

2. Md. Quais Ansari Son of Late Md. Yasin Resident of Mohalla Karan Sarai, P.S. - Sasaram, District - Rohtas

3. Arun Kumar Singh Son of Late Kashinath Singh Resident of Village Kaler, P.S. Kaler, District - Arwal

4. Birju Thakur Son of Late Kalli Thakur Resident of Sonbarsa, P.O. - Singuri, P.S. - Pauthu, District - Aurangabad

5. Rajendra Tiwari Son of Late Shiv Kumar Tiwari Resident of Village Biraunti, P.O. - Obra, P.S. - Obra, District - Aurangabad

6. Uday Prakash Rakesh Son of Late Rajaram Sahu Resident Of Village Kamta Mathiya, P.O. - Musepur, P.S. - Parasi, District - Arwal

7. Md. Aminul Haque Son of Md. Matinul Haque Resident of Village Bajitpur, P.O. - Byapur, P.S. - Maner, District - Patna ............Petitioner.....Respondents 1st Set

8. Magadh University, Bodh Gaya through Its Registrar

9. Vice Chancellor, Magadh University, Bodh Gaya

10. Registrar, Magadh University, Bodh Gaya

11. Principal, Sheodeni Sao College, Kaler, Arwal ........Respondent Nos. 3 to 6....Respondents 2nd Set .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Mritunjay Kumar, Advocate For the Magadh University : Mr. Vipin Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI And HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI)

Patna High Court LPA No.1333 of 2013 dt.15-02-2017 2/2 Date: 15-02-2017 I.A. No. 7603 of 2013 which is a petition for condonation of delay of 169 days in filing the appeal, is allowed. The delay is condoned.

A batch of the writ applications came to be decided by a common order dated 21.01.2013 in C.W.J.C. No. 19767 of 2011 which was the case of Arun Kumar Prasad. An appeal was filed by the State which was registered as L.P.A. No. 1133 of 2013. The said appeal was dismissed being devoid of merit, in other words, the order of the learned Single Judge was not interfered with. Since there is already an adjudication made by a Division Bench having coordinate jurisdiction, this appeal is also dismissed with an observation that the order dated 27.01.2015 passed in L.P.A. No. 1133 of 2013 will govern the case. The present appeal is also dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17/02/2017 Transmission Date NA