Dr. Pravin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.716 of 2022 In CIVIL REVIEW No.161 of 2014 ====================================================== Dr. Pravin Kumar S/o- Late L.N. Karan, R/o- Mohalla Flat No. C/2, Omkar Apartment, Sheikhpura Bagicha, P.S. Shastri Nagar, District- Patna. ... ... Appellant/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Vice Chancellor, Magadh University, Bodh Gaya. 4.

The Registrar, Magadh University, Bodh Gaya.

5.

The Prof. Incharge, B.S. College, Danapur.

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

For the Appellant/s :

Mr. Sanchay Srivastava, Advocate Mr. Sushant Srivastava, Advocate Mr. Ashish Kumar Palit, Advocate For the Respondent/s :

Mr. Ram Vinay Prasad Singh, AC to GA-12 For the University :

Ms. Prakritita Sharma, Advocate Mr. Aday, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 13-05-2025

Patna High Court L.P.A No.716 of 2022 dt.13-05-2025 2/3 The appellant has assailed the order of the learned Single Judge dated 18.11.2022 passed in MJC No. 2824 of 2016 read with Civil Review No. 161 of 2014.

2. The appellant has not assailed the order passed in CWJC No. 11298 of 2013 decided on 22.11.2013. In the present LPA, on the other hand he has filed LPA before filing Civil Review No. 161 of 2014. Earlier LPA was disposed of reserving liberty to the petitioner to invoke civil review remedy. Be that as it may, even to this day there is no challenge to the order dated 22.11.2013 passed in CWJC No. 11298 of 2013. In the absence of challenge to the same, appellant cannot challenge straightway the order passed in Civil Review No. 161 of 2014 for the reason that Civil Review No. 161 of 2014 has been dismissed by the learned Single Judge only stating that no ground for review of order dated 22.11.2013 passed in CWJC No. 11298 of 2013.

Therefore, scope of the present LPA would be limited to the extent that whether learned Single Judge has committed error insofar as dismissal of review application. Therefore, we are of the view that in the absence of challenge to the order 22.11.2013 passed in CWJC No. 11298 of 2013 read with the order passed in Civil Review No. 161 of 2014, the present LPA is not maintainable.

Patna High Court L.P.A No.716 of 2022 dt.13-05-2025 3/3

3. Accordingly, LPA stands disposed of as not maintainable reserving liberty to the appellant to file fresh LPA insofar as challenging the original order dated 22.11.2013 passed in CWJC No. 11298 of 2013 read with the order passed in Civil Review No. 161 of 2014 dated 18.11.2022. (P. B. Bajanthri, J) (S. B. Pd. Singh, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.05.2025 Transmission Date NA