The State Of Bihar And ORS v. Naresh Kumar @ Naresh Mandal And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.445 of 2018 In Civil Writ Jurisdiction Case No.2632 of 2018 ====================================================== 1.

The State of Bihar 2.

The Chief Secretary, Old Secretariat, Patna.

3.

The Principal Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna.

4.

The Principal Secretary, Department of Human Resources Development, Govt. of Bihar, Patna.

5.

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

The District Mass Education Officer, Purnea.

7.

The District Education Officer, Purnea.

8.

The District Mass Education Officer, Nalanda. 9.

The District Education Officer, Nalanda.

... ... Petitioner/s

Versus

1.

Naresh Kumar @ Naresh Mandal Son of Late Jagdish Mandal, Resident of Village- Sripur Milk, P.O. Sripur, P.S. and Block- Bhawanipur, DistrictPurnea. 2.

Manwendra Kumar, Son of Panchanand Yadav, Resident of VillageChakmakka, P.O. P.S. Block- Banmankhi, District- Purnea. 3.

Ramanand Mehta, Son of Agam Lal Mehta, Resident of Village- Srinagar, P.O.- Srinagar, P.S. Block- Srinagar, District- Purnea. 4.

Md. Nasim Akhtar @ Sheikh Nasim, Son of Sheikh Nasiruddin, Resident of Mohalla- Line Bazar Papa Lodge, P.O.- Line Bazar, P.S.- Khajanchi Hat, Block- Purnea East, District- Purnea.

5.

Md. Attaur Rahman, Son of Noor Mohammad, Resident of Fakiratia, P.O.- Gadhia Balua, P.S. Block- Srinagar, District- Purnea. 6.

Anil Kumar Mandal, Son of Lakhan Lal Mandal, Resident of At P.O.- Durgapur, P.S. Block- Bhawanipur, District- Purnea. 7.

Amit Ranjan Das, Son of Makhan Das, Resident of Village- Bhauwa Prabal Jangal Tola, P.O.- Balia, P.S.- Rupauli, District- Purnea. 8.

Dinesh Prasad Mahto, Son of Ramfal Pd Mahto, Resident of At P.O. P.S.- Bhawanipur, District- Purnea.

9.

Beeren Lal Karmkar, Son of Late Agam Lal Karmkar, Resident of VillageDoriya, P.O.- Channi Doriya, P.S. Block Amour, Via- Baisi, District- Purnea. 10.

Uttam Lal Mahto, Son of Dhanpat Mahto, Resident of Village- Srinagar, P.O.- Srinagar, BlockP.S.- K.Nagar, District- Purnea. 11.

Ahilya Kumari, Wife of Navin Singh, Resident of At P.O.- Lohra, P.S.- Harnout, District- Nalanda.

Patna High Court C. REV. No.445 of 2018(4) dt.10-04-2019 2/3 12.

Jay Chand Pandit, S/o Vishwanath Pandit, Resident of At P.O.- Durgapur, P.S. Block- Bhawanipur, District- Purnea.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Shipla Singh, G.A.-12 Ms. Abhanjali AC to GA- 12 For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-04-2019 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 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

Patna High Court C. REV. No.445 of 2018(4) dt.10-04-2019 3/3 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 dated27.06.2018 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) S.Sb/- U