The State Of Bihar And ORS v. Krishna Deo Bharti And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.252 of 2018 In Civil Writ Jurisdiction Case No.16750 of 2017 ======================================================

1. The State Of Bihar through the Commissioner-cum-Secretary, Department of Education, Government of Bihar, Patna.

2. The Principal Secretary, Department of Education, Government of Bihar, Patna.

3. The Commissioner-cum-Secretary, Department of Education, Government of Bihar, Patna.

4. The Director, Mass Education Govt. of Bihar, Patna.

5. The District Education Officer, Araria.

6. The Program Officer, Araria.

... ... Petitioner/s

Versus

1. Krishna Deo Bharti son of Parmeshwari Yadav, At+P.O. Belsara, Panchayat-Belsara, P.S. Raniganj, District Araria.

2. Nirmala Devi wife of Abhinandan Sah, At+P.O. Belsara, Panchayat- Belsara, P.S. Raniganj, District Araria.

3. Renu Devi wife of Sadanand Yadav At+P.O.- Parasaht, Panchayat- Parasahat, P.S. Raniganj, District Araria.

4. Nirmala Devi, wife of Bisheshwar Sharmam, At+ P.O. Belsara, Panchayat- Belsara, P.S. Raniganj, District Araria.

5. Reghu Nandan Kumar Sinha, son of Janak Lal Singh, At+P.O. Bagulaha, Panchayat Bagulaha, P.S. Raniganj, District-Araria.

6. Kiran Kumari son of Jagat Narayan Choudhary, At- Barbana, Panchayat- Barbana, P.O. Meriganj, P.s. Raniganj, District Araria.

7. Renu Kumari W/o Anmol Yadav, At+P.O. Bagulaha, Panchayat-Bagulaha, P.S. Raniganj, District-Araria.

8. Rekha Devi D/o Basudev Prasad Yadav, At+P.O. Bagulaha, Panchayat- Bagulaha, P.S. Raniganj, District Araria.

9. Leela Devi W/o Deendar Mahto, At- Raniganj, P.O. Meriganj, P.S. Raniganj, District-Araria.

10. Seeta Devi W/o Tejnarayan Sah, At- Nagarahi, P.O. Parsahat, Panchayat Parsahat, P.S. Raniganj, District- Araria.

11. Jay Chand Yadav S/o Laxmi Prasad Yadav, At+P.O. Bagulaha, Panchayat- Bagulaha, P.S. Raniganj, District Araria.

12. Manju Devi W/o Heera Lal Bhagat, At+P.O. Parasahat, Panchayat, P.S. Raniganj, District Araria.

13. Anjula Kumari D/o Kamala Prasad Bhagat, At+ P.O. Belsara, Panchayat- Belsara, P.S. Raniganj, District-Araria.

14. Sakuntal Kumari D/o Chandeshwar Prasad Yadav, At Raniganj, P.O. Meriganj, Panchayat-Barbana, P.S. Raniganj, District-Araria.

15. Neelam Kumari D/o Dip Narayan Yadav, At-Raniganj, P.O. Meriganj, Panchayat-Hasnapur, P.S. Raniganj, District-Araria.

16. Umesh Prasad Mandal S/o Manesi Mandal, At-Lal Par, P.O. Maghua, P.S. Bounsi, District- Araria.

17. Durga Nand Yadav S/o Jagdish Yadav, At- Lakunmam, P.O. Maghua, Panchayat-Maghua (Parab), P.S. Bounsi, District-Araria.

18. Dilip Kumar Mehta S/o Rameshwar Prasad Mehta, At-Beldara, P.O.

Patna High Court C. REV. No.252 of 2018(4) dt.31-10-2018 2/3 Maghua, P.S. Raniganj, District-Araria.

19. Umesh Kumar Murmu S/o Yadunandan Murmu, At-Maghua Janakpur Piparapanti, P.S. Raniganj, District Araria.

20. Chandra Kala Devi W/o Nageshwar Bhagat, Vill.+P.O. Parsahat, District- Araria.

21. Vidyanand Jha, Son of Late Laxmi Kant Jha.

22. Ranjan Kumar Son of Late Jai Kant Mandal.

23. Shambhu Nath Jha Son of Damodar Jha, Nos.21, 22, 23 all resident of Village P.O.+P.S. Bounsi, District Araria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-10-2018 Since the order under review was passed with consent of the parties, no interference is required in the present case, however, it has been pointed out that the Judgment passed by the learned Division Bench in LPA No. 1047 of 2017, on the basis whereof the original writ petition was disposed of, has been modified by a Judgment of the learned Division Bench dated 27.06.2018 passed in Civil Review No. 59 of 2018 by which it has been directed that the matter be listed after passing of the order by the Hon'ble Apex Court in SLP (C) No. ...... of 2017 (Diary No. 25804 of 2017).

In view of the aforesaid submission of the learned counsel appearing for the petitioners-The State of Bihar, the order dated 15.03.2018 passed in CWJC No. 4249 of 2018 is modified to the extent that the same would abide by the final decision to be

Patna High Court C. REV. No.252 of 2018(4) dt.31-10-2018 3/3 rendered by the Hon'ble Apex Court in SLP(C) No. ... of 2017 (Diary No. 25804 of 2017).

In view of the fact that the judgment passed by the learned Division Bench in L.P.A. No. 1047 of 2017, which was the basis for disposing of the original writ petition, has been modified by the learned Division Bench by a judgment dated 27.06.2018 passed in Civil Review No. 59 of 2018, the consequences have to follow, hence, there is no need of issuing notice to the private respondent and the matter is now required to be governed by the judgment to be rendered by the Hon'ble Apex Court in SLP ( C) No. ......... of 2017 (Diary No. 25804 of 2017) as well as by the final outcome of Civil Review No. 59 of 2018, which is pending adjudication before a learned Division Bench of this Court.

The present review petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) ajay gupta/- U