Dr. Pravin Kumar vs The State Of Bihar
2025 Latest Caselaw 266 Patna

Patna High Court

Dr. Pravin Kumar vs The State Of Bihar on 13 May, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Letters Patent Appeal No.716 of 2022
                                       In
                         CIVIL REVIEW No.161 of 2014
     ======================================================
     Dr. Pravin Kumar S/o- Late L.N. Karan, R/o- Mohalla Flat No. C/2, Omkar

     Apartment, Sheikhpura Bagicha, P.S. Shastri Nagar, District- Patna.



                                                                 ... ... Appellant/s
                                        Versus

1.   The State of Bihar.


2.   The Principal Secretary, Education Department, Govt. of Bihar, Patna.


3.   The Vice Chancellor, Magadh University, Bodh Gaya.


4.   The Registrar, Magadh University, Bodh Gaya.


5.   The Prof. Incharge, B.S. College, Danapur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :      Mr. Sanchay Srivastava, Advocate
                                   Mr. Sushant Srivastava, Advocate
                                   Mr. Ashish Kumar Palit, Advocate
     For the Respondent/s   :      Mr. Ram Vinay Prasad Singh, AC to GA-12
     For the University     :      Ms. Prakritita Sharma, Advocate
                                   Mr. Aday, Advocate

     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE S. B. PD. SINGH
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

      Date : 13-05-2025
 Patna High Court L.P.A No.716 of 2022 dt.13-05-2025
                                             2/3




                    The appellant has assailed the order of the learned

         Single Judge dated 18.11.2022 passed in MJC No. 2824 of 2016

         read with Civil Review No. 161 of 2014.

                    2. The appellant has not assailed the order passed in

         CWJC No. 11298 of 2013 decided on 22.11.2013. In the present

         LPA, on the other hand he has filed LPA before filing Civil

         Review No. 161 of 2014. Earlier LPA was disposed of reserving

         liberty to the petitioner to invoke civil review remedy. Be that as

         it may, even to this day there is no challenge to the order dated

         22.11.2013

passed in CWJC No. 11298 of 2013. In the absence

of challenge to the same, appellant cannot challenge

straightway the order passed in Civil Review No. 161 of 2014

for the reason that Civil Review No. 161 of 2014 has been

dismissed by the learned Single Judge only stating that no

ground for review of order dated 22.11.2013 passed in CWJC

No. 11298 of 2013. Therefore, scope of the present LPA would

be limited to the extent that whether learned Single Judge has

committed error insofar as dismissal of review application.

Therefore, we are of the view that in the absence of challenge to

the order 22.11.2013 passed in CWJC No. 11298 of 2013 read

with the order passed in Civil Review No. 161 of 2014, the

present LPA is not maintainable.

Patna High Court L.P.A No.716 of 2022 dt.13-05-2025

3. Accordingly, LPA stands disposed of as not

maintainable reserving liberty to the appellant to file fresh LPA

insofar as challenging the original order dated 22.11.2013

passed in CWJC No. 11298 of 2013 read with the order passed

in Civil Review No. 161 of 2014 dated 18.11.2022.

(P. B. Bajanthri, J)

(S. B. Pd. Singh, J)

ranjan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          15.05.2025
Transmission Date       NA