The State Of Bihar And ORS v. Madhuri Kumari And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.270 of 2018 In Civil Writ Jurisdiction Case No.2199 of 2018 ======================================================

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, New Secretariate, Vikash Bhawan, Bailey Road, Patna.

2. The Director, Primary and Elementary Education, Human Resources Development Department, New Secretariate, Vikash Bhawan, Bailey Road, Patna.

3. The Director, Mass Education, Government of Bihar, Patna.

4. The Commissioner, Muzaffarpur Division, Muzaffarpur.

5. The District Superintendent of Education, Vaishali at Hajipur.

6. The District Education Officer, Vaishali at Hajipur. ... ... Petitioner/s

Versus

1. Madhuri Kumari, Wife of Mukesh Kumar Singh, Resident of VillageKalyanpur Basti, Post Office- Mohiuddin Nagar (R.S.), District- Samastipur.

2. Sitaram Thakur, Son of Late Rameshwar Thakur, Resident of VillageGovardhanpur, Post Office- Bhagvatpur, Police Station- Sarai Ranjan, District- Samastipur.

... ... 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

Patna High Court C. REV. No.270 of 2018(4) dt.31-10-2018 2/2 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.

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

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