Patna High Court
Anju Kumari vs The State Of Bihar on 19 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1029 of 2019
In
Civil Writ Jurisdiction Case No.10905 of 2010
======================================================
Anju Kumari W/o Mahesh Prasad Resident of Village Amba, P.O. Amba, P.S.
Alauli, District-Khagaria
... ... Appellant/s
Versus
1. The State of Bihar
2. The Principal Secretary Human Resources Development Department, Govt.
of Bihar, Patna
3. Director Primary Education, Govt. of Bihar, Patna-1
4. District Magistrate Khagaria, District-Khagaria
5. District Panchayat Raj Officer Khagaria, District-Khagaria
6. District Superintendent of Education Khagaria
7. Sub-Divisional Education Extension Officer Khagaria, District-Khagaria
8. Block Education Extension Officer Alauli, District-Khagaria
9. Sri Naresh Singh the then Mukhiya, Gram Panchayat Raj, Ambaicharua,
Block Alauli, District-Khagaria
10. Radhey Prasad Yadav Panchayat Sachiv, Gram Panchayat Ram
Ambaicharua, Block Alauli, District-Khagaria
11. Chandra Kishor Singh In charge Headmaster, Middle School, Amba Gram
Panchayat Raj, Ambalcharua, Block Alauli, District-Khagaria
12. Sanju Kumari W/o Uday Chand Prasad Singh R/o Village-Morkahi, P.O.
Amba, P.S. Alauli, Gram panchayat Ambalcharua, District-Khagaria
13. Pushlata Kumari W/o Rajeshwar Prasad Singh R/o Village-Amba, P.S.
Alauli, Gram panchayat Ambalcharua, District-Khagaria
14. Raju Ranjan Son of Harilal Singh R/o Village-Icharua, P.S. Alauli, P.O.-
Amba, District-Khagaria
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Jitendra Kumar, Advocate
For the Respondent/s : Mr. S.S. Tiwary, Ac to AAG-13
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 19-12-2022
Patna High Court L.P.A No.1029 of 2019 dt.19-12-2022
Heard learned counsels for the parties.
The instant L.P.A. has been filed against the order of
the learned Single Judge dated 26.08.2014 passed in C.W.J.C. No.
10905 of 2010. Thereafter, appellant invoke remedy in filing Review
Petition No. 327 of 2014 and it was dismissed. Thereafter, she
preferred L.P.A. 2154 of 2015 against the order of Civil Review and
it was dismissed on 03.10.2017. Feeling aggrieved and dissatisfied
with the order of the L.P.A. Bench, appellant invoke remedy before
the Apex Court in filing SLP (C) No. 33539 of 2018 and it was
sought to be withdrawn on 11.01.2019 with a liberty to file review of
the order dated 03.10.2017. Thereafter, Civil Review No. 45 of 2019
was filed in L.P.A. No. 2154 of 2015 and it was dismissed on
26.06.2019. In this backdrop, present L.P.A. has been filed in so far
as challenging the order of the learned Single Judge passed in
C.W.J.C. No. 10905 of 2010 decided on 26.08.2014. It is to be noted
that appellant has failed to question the order of the learned Single
Judge dated 26.08.2014 passed in C.W.J.C. No. 10905 of 2010 at the
initial stage when she had questioned the validity of Civil Review
petition dated 23.09.2015 (Civil Review No. 327 of 2014). She had
cause of action when L.P.A. No. 2154 of 2015 was filed against the
aforesaid Civil Review No. 327 of 2014. Further it is to be noted that
order passed in Civil Review No. 327 of 2014 dated 23.09.2015 is
merged with the original order passed in C.W.J.C. No. 10905 of 2010
dated 26.08.2014. Thereafter, appellant has invoke remedy before the
Patna High Court L.P.A No.1029 of 2019 dt.19-12-2022
Hon'ble Supreme Court in filing Petition (S) for Special Leave to
Appeal (C) No. (S) 33539 of 2018 and it was dismissed as withdrawn
with liberty to approach High Court by way of review.
Thereafter once again Civil Review No. 45 of 2019 in
L.P.A. 2154 of 2015 was filed before this Court and in which
appellant suffered order. Therefore, in not questioning the original
order dated 26.08.2014 passed in C.W.J.C. No. 10905 of 2010 when
appellant had questioned the validity of Civil Review order passed in
Civil Review No. 327 of 2014 in L.P.A. No. 2154 of 2015, the same
cannot be questioned at this distance of time that too when the
original order merges with Civil Review. Hence, appellant has not
made out a case.
Accordingly, the present L.P.A. stands dismissed on the
ground of delay in filing L.P.A. as well as on maintain ability of the
aforementioned L.P.A. No. 1029 of 2019. In other words filing of
two independent L.P.As against order passed in C.W.J.C. No. 10905
of 2010 and Civil Review No. 327 of 2014 are not maintainable in
law.
(P. B. Bajanthri, J)
( Purnendu Singh, J)
rakhi
AFR/NAFR
CAV DATE NA
Uploading Date 23.12.2022
Transmission Date N.A.
