The State Of Bihar And ORS v. Sanjay Tiwary And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Review No.263 of 2018 In Civil Writ Jurisdiction Case No.1450 of 2018 ======================================================
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Education, Department of Bihar, Patna.
3. The Director, Mass Education, Education Department, Government of Bihar, Patna.
4. The District Magistrate, Patna.
5. The District Education Officer, Munger.
6. The District Education Officer, Patna.
7. The District Programme Officer (Litracy), Patna.
8. The District Education Officer, Rohtas at Sasaram.
9. The District Education Officer, East Champaran at Motihari.
10. The District Programme Officer (Litrecy) Motihari at East Champaran.
11.The District Education Officer, Bhagalpur. ... ... Petitioner/s
Versus
1. Sanjay Tiwary, S/o Anirudh Tiwary, Resident of Village- I.T.I. Digha Ghat, P.O.- Digha, P.S.- Dugha, District- Patna.
2. Archana Kumari, W/o Vijay Kumar Sharma, Resident of VillageBattukeshwar Dutta Gali, New Jakkanpur, Ward No.18, Patna, P.S.- Jakkanpur, District- Patna.
3. Ranjana Kumari, W/o Niranjan Kumar Labh, Resident of Village- R.N. Singh Nirbhay Shiv Mandir, New Jakkanpur, Ward No.18, Patna, P.O.- Jakkanpur, P.S.- Jakkanpur, District- Patna.
4. Shiv Prakash @ Sheo Prakash, S/o Munni Lal, Resident of Village- Kanhauli, P.O.- Bajitpur, P.S.- Bihta, District- Patna.
5. Ramesh Rai, S/o Late Binda Rai, Resident of Village- Goria Dera, P.O.- Neura, P.S.- Bihta, District- Patna.
6. Subhash Kumar @ Subash Kumar, S/o Hit Narayan Pandit, ResidentKanhauli, P.O.- Bajitpur, P.S.- Bihta, District- Patna.
7. Vijay Kumar, S/o Raghubir Pandit, Resident of Village- Kanauli, P.O.- Bajitpur, P.S.- Bihta, District- Patna.
8. Chandra Kumar Pathak, S/o Sukh Nandan Pathak, Resident of VillageSadiquepur, Sindhva Toli, Ward No.-58, P.O.- Guljarbag, P.S.- Sampatchak (Guljarbag) District- Patna.
9. Braj Kishor Prasad, S/o Paras Nath, Resident of Village- Fish Market, Dadar Mandi, Patna Sadar, P.O.- Guljarbag, P.S.- Guljarbag, District- Patna.
10. Karuna Kumari @ Karuna Devi, D/o Harihar Pandey, W/o Ahok Kumar Tripathi, Resident of Village- Khari Bhavanangawa, P.O.- Sikari, P.S.- Sasaram, District- Rohtas.
11. Ravi Kumar, S/o Bindeshwar Kuar, Resident of Village- Katkulia, TolaBhinak Singh (Ahirauliya), P.O.- Ahirauliya, P.S.- Chiraiya, District- East Champaran.
12. Sikandar Prasad, S/o Late Nanhak Ray, Resident of Village- Mohaddipur, P.O.- Rampur, P.S.- Chiraiya, District- East Champaran.
Patna High Court C. REV. No.263 of 2018(4) dt.28-11-2018 2/3
13. Rekha Devi @ Rekha Kumari, W/o Bhuneshwar Prasad Yadav, Resident of Village- Kishanichak, P.O.- Ambapali, P.S.- Isipur, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Abhanjali, AC to GA-12 For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-11-2018 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 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
Patna High Court C. REV. No.263 of 2018(4) dt.28-11-2018 3/3 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) nasimul/- U