Nooral Amin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No. 99 of 2017 Arising out of Letters Patent Appeal No. 970 of 2015 =========================================================== Nooral Amin, Son of Md. Hussain, Resident of Village Kothia, P.S.- Khajauli, District-Madhubani.

.... .... Appellant / Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Madhubani.

3. The District Superintendent of Education-cum-District Programme Coordinator, Bihar Education Project, Madhubani.

4. The Block Development Officer, Khajauli, Madhubani.

5. The Headmaster, R.P. Maktab, Kothia, Khajauli, District- Madhubani.

6. The Mukhiya, Gram Panchayat Raj Beta Kakarghatti, Block Khajauli, DistrictMadhubani.

7. The Panchayat Secretary, Gram Panchayat Raj Beta Kakarghatti, Block Khajauli, District- Madhubani.

.... .... Respondent/ Opposite Party/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Singh and Mr. Sanjay Kumar Jha, Advocates For the Opposite Party/s :

Mr. Rakesh Narayan Singh, A.C. to A.A.G.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) Date: 13-12-2017 Re.: Interlocutory Application No. 5399 of 2017

2. Heard learned counsel for the parties.

3. The Court finds that sufficient cause has been shown

Patna High Court C. REV. No.99 of 2017 dt.13-12-2017 2/3 for filing of the review petition after expiry of period of limitation.

4. For the reasons aforesaid, Interlocutory Application No. 5399 of 2017 stands allowed. Delay in filing the Civil Review stands condoned.

Re.: Civil Review No. 99 of 2017

5. The present application has been filed seeking review of the judgment and order dated 14.09.2016 passed in L.P.A. No. 970 of 2015.The Court not finding merit in the challenge to the order of the learned Single Bench passed in C.W.J.C. No. 3261 of 2010 had dismissed the Letters Patent Appeal by the judgment of which review is sought.

6. Learned counsel for the appellant tried to persuade the Court to have a re-look at the order on the ground that the appointment of the petitioner was under the provisions of the new Act which came into force in the year 2006 and that the order of final appointment of the petitioner was made by the District Superintendent of Education, Madhubani, for which the petitioner cannot be blamed.

7. After hearing learned counsel for the petitioner at some length, we are not persuaded to review the order passed earlier in L.P.A. No. 970 of 2015. The grounds on which review is sought have been dealt at length in the order under review and we find that

Patna High Court C. REV. No.99 of 2017 dt.13-12-2017 3/3 the same do not need any reconsideration.

8. In view thereof, the Civil Review Application stands dismissed.

(Ahsanuddin Amanullah, J.) (Mohit Kumar Shah, J.) P. Kumar AFR/NAFR U