The Stat Of Bihar And ORS v. Arun Kumar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.576 of 2018 In Civil Writ Jurisdiction Case No.2468 of 2018 ======================================================

1. The Stat 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 and Administrative Reforms, Govt. of Bihar, Patna

4. The Director Mass Education, Education Department, Govt. of Bihar, Patna ... ... Petitioner/s

Versus

1. Arun Kumar son of Karu Singh, resident of village Dedaur, P.O. + P.S. Bakhtiyarpur, District Patna.

2. Prabhakar Prasad Singh S/o Udit Narayan Singh, Resident of Village and P.o.- Bairani, P.s.-Khalgaon, Distt.-Bhagalpur

3. Pratap Singh S/o Late Dayanand Singh, Resident of Village and P.o.- Dhaneshwar, P.s.-Khalgaon, Distt.-Bhagalpur

4. Gunadhar Singh S/o Late Maha Prasad, Resident of Vill.-Sour, P.o.-Kairiya, P.s.-Khalgaon, Distt.-Bhagalpur

5. Ganouri Ravidas S/o Late Ram Rup Das, Resident of Vill.-Nanotoli, P.o.-and P.s.-Pirpainti, Distt.-Bhagalpur

6. Kanak Lata Sinha W/o Late Praveen Kumar Singh, Resident of Vill.-Harispur, P.o.and P.s.-Pirpanti, Distt.-Bhagalpur

7. Shivajee Prasad Yadav S/o Mungilal Yadav, Resident of Vill.-and P.o.- Tamganj, P.s.-Narpatganj, Distt.-Araria

8. Punita Devi W/o Jagdish Yadav, Resident of Vill. and P.o.-Tamganj, P.s.- Narpatganj, Distt.- Araria

9. Prabhawati Devi W/o Ramesh Yadav, Resident of Vill. and P.o.-Tamganj, P.s.- Narpatganj, Distt.- Araria

10. Punam Kumari D/o Shri Ram Krishna Yadav, Resident of Vill. and P.o.- Tamganj, P.s.-Narpatganj, Distt.- Araria

11. Md. Saifullaha S/o Din Mohammad, Resident of Vill.- Madhura, P.o. and P.s.- Narpatganj, Distt.-Araria

12. Cheddi Paswan S/o Late Bachchulal Paswan, Resident of Vill.- Bherwar, P.o.- Sursar Anthra, Via-Nawabganj, P.s.-Phulkaha, Distt.-Araria

13. Ratan Yadav S/o Rajendra yadav, Resident of Vill.-Sadanand Paswan Tola, P.s.-Narpatganj, Distt.-Araria

14. Phunilal Yadav S/o Khusilal Yadav, Resident of Vill. and P.o.- Kanhaili, P.s.- Farbisganj, Distt.-Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Abhanjali Ac to GA 12 For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

Patna High Court C. REV. No.576 of 2018(3) dt.06-02-2019 2/3 06-02-2019 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 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

Patna High Court C. REV. No.576 of 2018(3) dt.06-02-2019 3/3 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. 25804of 2017) as well as by the final outcome of Civil Review No. 59of 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) Tiwary/- U