The State Of Bihar And ORS v. Shashi Kala Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.420 of 2018 In Civil Writ Jurisdiction Case No.14082 of 2017 ======================================================

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

2. The Commissioner-Cum-Secretary, Education, Department of Bihar, Patna.

3. The Director, Mass Education, Education Education Department, Government of BIhar, Patna.

4. The District Magistrate, Munger.

5. The District Education Officer, Munger.

6. The District Programme Officer, Education, Munger.

7. The District Education Officer, Khagaria.

... ... Petitioner/s

Versus

1. Shashi Kala Devi, W/o-Arjune Sah, Resident of Village-Purab Aajimganj, P.O.-Haweli Khragpur, P.S.-Haweli Kharagpur, District-Munger,

2. Shambhu Kumar, S/o Ramrup Prasad Singh, Resident of Village-Madhwa, P.O.-Ramankabad, P.S.-Haweli Kharagpur, District-Munger.

3. Sima Sinha, D/o-Sant Lal Sinha, W/o-Subodh Kumar Singh, Resident of Village-Khaira, P.O.-Khaira, P.S.-Haweli Kharagpur, District-Munger.

4. Yugal Kishor Singh, S/o-Bhujangi Singh, Resident of Village-Balia, P.O.- Kamargama, P.S.-Haweli Kharagpur, District-Munger.

5. Anil Kumar Singh, S/o-Bhola Prasad Singh, Resident of Village-Amdaha, P.O.-Majhgai P.S.-Haweli Kharagpur, District-Munger.

6. Usha Kumari D/o-Ram Narayan Singh, W/o-Prem Sagar Sing, Resident of Village-Chhuna Kothi, P.O.-Haweli Kharagpur, P.S.-Haweli Kharagpur

7. Chandra Bhushan Jha, S/o-Banku Jha, Resident of Village-Mathurapur, P.S.- Khagariaa, District-Khagaria.

8. Kamal Prasad, S/o-Mahendra Prasad @ Mahendra Prasad Jayaswal @ Mahendra sah, Resident of Village-Mahuawa, P.O.-Mahuawa, P.s.-Chiraiya, District-East Champaran.

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

For the Petitioner/s :

Shilpa Singh, GA-12 Abhanjalli, AC to GA-12 For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-12-2018 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

Patna High Court C. REV. No.420 of 2018(3) dt.19-12-2018 2/3 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 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

Patna High Court C. REV. No.420 of 2018(3) dt.19-12-2018 3/3 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