The State Of Bihar & Ors vs Sarvesh Kumar Singh & Ors on 31 October, 2018

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Patna High Court - Orders

The State Of Bihar & Ors vs Sarvesh Kumar Singh & Ors on 31 October, 2018

Bench: Mohit Kumar Shah

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Civil Review No.228 of 2018
                                      In
                Civil Writ Jurisdiction Case No.3525 of 2018
======================================================
1. The State Of Bihar, through the Chief Secretary, Government of Bihar,
Patna.
2. The Principal Secretary, Department of Human Resource Development,
Bihar, Patna.
3. The Principal Secretary, Department of Personnel and Administrative
Reforms, Bihar, Patna.
4. The Director, Primary Education, Bihar, Patna.
5. The District Magistrate, Aurangabad.

                                                          ... ... Petitioner/s
                                     Versus
1. Sarvesh Kumar Singh, Son of Shyam narayan Singh, Resident of Village-
Baiju Bigha, P.O. Salaiya, Police Station- Madanpur, District- Aurangabad.
2. Gyatri Kumari, wife of Anil Kumar Sharma, resident of Village- Jujharpur,
P.O. Kundwa, Police Station- Goh, District- Aurangabad.
3. Birendra Kumar Singh, Son of Ram narayan Singh, Resident of Village-
Pakri, P.O. Dadar, Police Station- Goh, District- Aurangabad.
4. Sarita Kumari, wife of Naresh yadav, D/o. Narayan yadav, R/o. Village-
Tolpura, P.O. Hathiyara, P.O. Buxar, Police Station- Bandeya, District-
Aurangabad.
5. Shanti Kumari, wife of Kamlesh Kumar, Resident of Village- Mathiya, P.O.
Hathiyara, Police Station- Goh, District- Aurangabad.
6. Kameshwar Nath Yadav, son of Chamak Yadav, Resident of Village-
Kunwar Bigha, P.O. Panti, Police Station- Rafiganj, District- Aurangabad.
7. Mohan Yadav, son of Devnandan Yada, Resident of Village- Kunwar Bigha,
P.O. Panti, Police Station- Rafiganj, District- Aurangabad.
8. Nirmala Devi, wife of Nagendra Prasad, Resident of Village- Munjhada,
Police Statio;n- Goh, District- Aurangabad.
9. Subinda Devi, wife of Nandlal Prasad, Resident of Village- Sosoona, P.O.
Belawaris, Police Station- Goh, District- Aurangabad.
10.Parvati Kumar, wife of Suresh Kumar Singh, Resident of Village- Dular
Bigha, P.O.- Rampur Chai, Police Station- Devkund, District- Aurangabad.
11. Birendra Kumar, son of Babulal Yadav, Resident of Village- Rampur,
P.O.- Dihuri, Police Station- Goh, District- Aurangabad.
12. Manoj Kumar, son of Dinanath, Resident of Village- Sujan, P.O.- Phag,
Police Station- Goh, District- Aurangabad.
13. Rajesh Kumar, son of Chandeo Singh, Resident of Village- Tolpur, P.O.
Buxar, Police Station- Bandeya, District- Aurangabad.
14. Sheoshankar Prasad, son of Ramswaroop Prasad, Resident of Village-
Ibrahimpur, P.O. Ankuri, Police Station- Goh, District- Aurangabad.
15. Sharda Devi, wife of Jagdish Nr. Singh, Resident of Village- Ibrahimpur,
Police Station- Goh, District- Aurangabad.
16. Arjun Paswan, son of Ramnandan Paswan. Resident of Village- Naoka
Khap, P.O. Kerap, Police Station- Rafiganj, District- Aurangabad.
17 Ashok Kumar, son of Ram Pravesh Yadav, Resident of Village-
Neyamatpur, P.O. Phag, Police Station- Goh, District- Aurangabad.
          Patna High Court C. REV. No.228 of 2018(4) dt.31-10-2018
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                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sunil Kumar
                 For the Respondent/s     :        Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

4   31-10-2018

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 Patna High Court C. REV. No.228 of 2018(4) dt.31-10-2018 3/3 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 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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Patna High Court - Orders