Patna High Court - Orders
The State Of Bihar And Ors vs Rajpati Devi And Ors on 6 March, 2019
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVIEW No.357 of 2018
In
Civil Writ Jurisdiction Case No.850 of 2017
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1. The State Of Bihar through the Commissioner-cum-Secretary, Education
Department, Government of Bihar, Patna.
2. The Commissioner-cum-Secretary, Education Department, Government of
Bihar, Patna.
3. The Director, Mass Education, Education Department, Government of Bihar,
Patna.
... ... Petitioner/s
Versus
1. Rajpati Devi and Ors W/o Krishna Prasad Singh, Resident of Village Frki
P.O.- Jehanabad, P.S.- Jehanabad, District- Jehanabad.
2. Umesh Kumar, S/o Rajendra Prasad, Resident of Village- Raman Bigha,
P.O.- Mandil, P.S.- Prasbigha, District- Jehanabad.
3. Arvind Manjhi, S/o Chandradip Manjhi @ Chanddrip Manjhi, Resident of
Village- Durakhiya, P.O. Jehanabad, P.S.- Jehanabad, District- Jehanabad.
4. Hema Devi W/o Krishan Lal Bishwas, Resident of Village Pothia, P.O.-
Mainahat, P.S.- Blasi, District- Araria.
5. Amalesh Kumar Thakur S/o Rajeshwar Thakur, Resident of Village-
Maghar, P.O.- Sagharsultanpur, P.S.- Bhagwanpur, District- Siwan.
6. Sakhi Chand Rishi, S/o Nankeshwar Rishideo @ N.K. Nkesar Rishi,
Resident of Village- Agayela, P.O.- Belauri, P.S.- Purnea, East, Distirct-
Purnea.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Abhanjali, AC to GA-12
For the Opposite Party/s :
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
4 06-03-2019Since 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 Patna High Court C. REV. No.357 of 2018(4) dt.06-03-2019 2/3 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 2017) as well as by the final outcome of Civil Review No. 59 of 2018, which is pending adjudication before a learned Patna High Court C. REV. No.357 of 2018(4) dt.06-03-2019 3/3 Division Bench of this Court.
The present review petition stands disposed of on the aforesaid terms.
(Mohit Kumar Shah, J) ajay gupta/-
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