The State Of Bihar And ORS v. Lakshmi Sharma And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Review No.331 of 2018 In Civil Writ Jurisdiction Case No.10747 of 2017 ======================================================
1. The State of Bihar through its Commissioner cum Secretary, Education Department, Government of Bihar, Patna.
2. The Principal Secretary, Education Department, Government of Bihar, Patna.
3. The Principal Secretary, Department of Personnel & Administrative Reforms, Government of Bihar, Patna.
4. The Director, Mass Education, Education Department, Government of Bihar, Patna.
... ... Petitioner/s
Versus
1. Lakshmi Sharma, S/o Mahadeo Sharma, resident of Village- Maraya, P.O.- Pipra Litif, P.S.- Parbatta, District- Khagaria.
2. Rubi Kumari, W/o Shri Gauri Shankar Sharma, resident of VillageBaulanabad, P.O.- Pir Nagar, P.S.- Beldaur, District- Khagaria.
3. Md. Mursid Ali, S/o Md. Salamat Ali, resident of Village+PO- Balha, P.S.- Parbatta, District- Khagaria.
4. Md. Anul, S/o Md. Gani Miya, resident of Village+PO- Balha, P.S.- Parbatta, District- Khagaria.
5. Suraj Kumar Manjhi, S/o Late Mahendra Sada, resident of Village+POGanganiya, PS- Sultanganj, District- Bhagalpur.
6. Sanjeev Kumar Suman, S/o Shri Narayan Prasad, resident of VillageKorchakk (Jai Rampur), P.O.- Dharampur Ratti, P.S.- Bihpur, DistrictBhagalpur.
7. Mohan Thakur, S/o Dhanuki Thakur, resident of Village- Chauhaddi, P.O.- Narayanpur, P.S.- Bhawanipur (Bihpur), District- Bhagalpur.
8. Ram Krishna Sharma, S/o Late Saudagar Sharma, resident of Village- Sahpur, P.O.- Narayanpur, P.S.- Bhawanipur (Bihpur), District- Bhagalpur.
9. Vidya Sagar Sah, S/o Mahendra Prasad Sah, resident of Village- Chauhaddi, P.O.- Narayanpur, P.S.- Bhawanipur (Bihpur), District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shilpa Singh, GA-12 Ms. Abhanjali, AC to GA-12 Mr.Sunil Kumar ( AC to GA- 12 ) For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2019 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.331 of 2018(4) dt.09-01-2019 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 of
Patna High Court C. REV. No.331 of 2018(4) dt.09-01-2019 3/3 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) S.Sb/- U