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Patna High CourtC. REV./433/2018disposed

The State Of Bihar And ORS v. Pravin Kumar Paswan And ORS

2019-06-26Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.433 of 2018 In Civil Writ Jurisdiction Case No.19265 of 2017 ====================================================== 1.

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

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 4.

The General Administration Department, Govt. of Bihar, Patna. 5.

The Director, Mass Education, Govt. of Bihar, Patna. 6.

The Director, Primary Education, Govt. of Bihar, Patna. 7.

The District Magistrate, Purnea.

8.

The District Education Officer, Purnea.

... ... Petitioner/s

Versus

1.

Pravin Kumar Paswan Son of Bhupendra Paswan, resident of VillageMaharajganj-I, P.S.- Jankinagar, District- Purnea. 2.

Kanchan Kumari @ Devi, Wife of Arun Kumar Mandal, resident of VillageBudhia, P.S.- Sarsi, District- Purnea. 3.

Anil Kumar Paswan, Son of Late Mahichandra Paswan, resident of VillageKumari Jibachhpur, P.S.- Banmankhi, District- Purnea. 4.

Renu Kumari, Wife of Anil Kumar Paswan, resident of Village- Kumari Jibachhpur, P.S.- Banmankhi, District- Purnea. 5.

Devnarayan Yadav, son of Late Shyam Sunder Yadav, resident of VillageJibhachhpur, P.S.- Banmankhi, District- Purnea. 6.

Sambha Devi, Wife of Bijay Yadav, Resident of Village- Jianganj, P.S.- Sarsi, District- Purnea.

7.

Munni Devi @ Munni Kumari, Wife of Manoj Kumar, resident of VillageKashba, P.S.- Kashba, District- Purnea. 8.

Naresh Prasad Mandal, Son of Late Punch Deo Mandal, resident of VillagePriankar, P.S.- Dhamdaha, District - Madhepura. 9.

Laxman Kumar @ Laxman Mandal, Son of Late Atwari Sah, Resident of Village- Priankar, P.S.- Dhamdaha, District- Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Ac To Ga 12 For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-06-2019 Since the order under review was passed with consent of the parties, no interference is required in the present

Patna High Court C. REV. No.433 of 2018(4) dt.26-06-2019 2/3 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 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

Patna High Court C. REV. No.433 of 2018(4) dt.26-06-2019 3/3 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) rinkee/- U