Patna High CourtL.P.A/254/2015dismissed

Brinda Devi v. The State Of Bihar And ORS

2017-06-21Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.254 of 2015 IN Civil Writ Jurisdiction Case No. 18045 of 2013 ============================================ Brinda Devi W/o Ashok Kumar Yadav Resident of Village Mateli Khemchand, P.S. Rupauli, District Purnea.

.... .... Appellant

Versus

1. The State of Bihar.

2. Director, Primary Education, Vikash Bhawan, Patna.

3. District Education Officer, Purnea, District Purnea.

4. District Programme Officer (Establishment), East Sadar, Purnea.

5. Block Education Officer, East Sadar, Purnea.

6. Ashok Kumar Yadav S/o Late Bhuvaneshwar Yadav R/o Village Mateli Khemchand, P.S. Rupauli, District Purnea, At present Mohalla Emergency Colony Railway Katihar Quarter No. 732/G, District Katihar.

7. Smt. Bhibha Devi W/o Ashok Kumar Yadav At Emergency Colony, Railway Quarter No. 732/G, P.O. + P.S. Katihar, District Katihar. .... .... Respondents ============================================ Appearance :

For the Appellant/s : Mr. Tuhin Shankar, Advocate For the Respondent/s : Mr. S.S.P. Yadav, SC-14 ============================================ CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 21-06-2017 Heard learned counsel for the appellant and learned counsel for the State.

It is the stand of the learned counsel for the appellant that the order dated 11.11.2014 passed by the learned Single Judge was not with due consent of the appellant, who was the petitioner. The order was passed on the basis of concession made by the respondent no.6. Such submission can best be appreciated by the learned Single Judge, who has passed the impugned

Patna High Court LPA No.254 of 2015 dt.21-06-2017 order dated 11.11.2014, for which at best a review or modification petition can be moved. Nothing can be done in the Letters Patent Appeal on the basis of the submission so made.

This Letters Patent Appeal stands dismissed, accordingly with liberty as above.

(Ajay Kumar Tripathi, J.) (Rajeev Ranjan Prasad, J.) Rajeev/N.A.F.R.