The State Of Bihar And ORS v. Mukesh Kumar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Review No.346 of 2018 In Civil Writ Jurisdiction Case No.685 of 2017 ======================================================
1. The State of Bihar, through its Chief Secretary, Government of Bihar, Old Secretariat, Patna
2. The Principal Secretary, Human Resources Development, Government of Bihar at Patna
3. The Principal Secretary, Department of Personal and Administrative Reforms, Government of Bihar,Patna
4. The Principal Secretary, Education Department, Government of Bihar, Patna
5. The District Magistrate, Purnia
6. The District Superintendent of Education, Purnia ... ... Petitioner/s
Versus
1. Mukesh Kumar, S/o- Mahendra Prasad Yadav, resident of Jankinagar, P.O. + P.S.-Jankinagar, District-Purnia
2. Mina Murmur, D/o-Somra Murmur, resident of Jankinagar, P.O. + P.S.- Jankinagar, District-Purnia
3. Binod Kumar Yadav, S/o Girivar Narayan Yadav, Resident of VillageJankinagar, P.O. + P.S.- Jankinagar, District-Purnea
4. Chhotendra Sah, S/o Late Basudeo Sah, Resident of Village-Jankinagar, P.O. + P.S.- Jankinagar, District-Purnea
5. Gayetri Devi, W/o-Brajnandan Yadav, resident of Jankinagar, P.O. + P.S.- Jankinagar, District-Purnia
6. Arvind Kumar, S/o Late Kamal Kishore Yadav, resident of VillageJankinagar, P.O.+P.S.-Jankinagar, District-Purnia.
7. Sujit Kumar, S/o-Bhagwan Prasad Yadav, resident of Village Ithari, P.O. + P.S.-Jankinagar, District-Purnia.
8. Rekha Kumari, W/o Vijay Kumar Yadav, Resident of -Ithari, P.O. + P.S.- Jankinagar, District-Purnia
9. Sambhu Kumar Yadav, S/o-Kashi Prasad Yadav, Resident of VillageJankinagar, P.O. + P.S.- Jankinagar, District-Purnea ... ... 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,
Patna High Court C. REV. No.346 of 2018(4) dt.09-01-2019 2/3 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.346 of 2018(4) dt.09-01-2019 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) S.Sb/- U