Patna High CourtC. REV./257/2018disposed

The State Of Bihar And ORS v. Bhawani Mishra And ORS

2018-10-31Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.257 of 2018 In Civil Writ Jurisdiction Case No.17077 of 2017 ======================================================

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

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

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

... ... Petitioner/s

Versus

1. Bhawani Mishra, Daughter of Nawal Kishore Tiwari, Resident of Mohalla Naya Chak, Budhia Kali Asthan, Anchal Jagdishpur District Bhagalpur.

2. Praveen Kumar Thakur, Son of late Radheshyam Thakur, Resident of Mohalla-Jhowar Kothi, Choti Khajarpur, P.S. Barari, District Bhagalpur.

3. Kundan Kumar Mishra, Son of Shyam Sunder Mishra, Resident of VillageBhawangama P.S. Bihpur, 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 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).

Patna High Court C. REV. No.257 of 2018(4) dt.31-10-2018 2/2 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.

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

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