The State Of Bihar And ORS v. Ajit Kumar Sinha And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.234 of 2018 In Civil Writ Jurisdiction Case No.13963 of 2017 ====================================================== 1.

The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.

2.

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

3.

The District Mass Education, Government of Bihar, Patna. 4.

The District Education Officer, Bhagalpur.

... ... Petitioner/s

Versus

1.

Ajit Kumar Sinha son of Late Ram Chandra Sinha, Resident of Village Tagepur, P.O. P.S. Jagdishpur, District Bhagalpur. 2.

Rajesh Kumar son of Nonigopal Das, Resident of Village Jhoji, P.O. Lakhanpur, P.S. Bath, District Bhagalpur.

3.

Shakti Nath Pandey son of Subash Chandra Pandey, Resident of Village Zamin (Phulwarya), P.O. Baijani, P.S. Jagdishpur, District- Bhagalpur.

4.

Nilesh Kumar Pandey son of Late Phulchand Pandey, resident of Village Phulwadia, P.O. Baijani, P.S. Jagdishpur, District- Bhagalpur. 5.

Prakash Thakur son of Chulhai Thakur, Resident of village Zamin (Phulwaria), P.S. Jagdishpur, District Bhagalpur. 6.

Manju Devi, wife of Vishnu Deo Prasad Singh, resident of Village Khurd Lodipur, P.O. Bhagalpur Sadar, P.S. Sabour, District Bhagalpur. ... ... 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

Patna High Court C. REV. No.234 of 2018(4) dt.31-10-2018 2/3 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 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.

Patna High Court C. REV. No.234 of 2018(4) dt.31-10-2018 3/3 The present review petition stands disposed of on the aforesaid terms.

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