Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 37626 (PAT)

BHUVNESHWAR THAKUR and ORS v. THE STATE OF BIHAR and ORS

CWJC/22678/2011 · 2025-08-04

Anshuman

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22678 of 2011 ====================================================== 1. Bhuvneshwar Thakur, S/O Late Dhuthar Thakur Resident Of VillageP.O- Saraigarh, Via- Bhaptiyahi, P.S- Kishanpur, District- Supaul 2. Meena Mahto S/O Manik Singh Resident Of Village- Gaghiya, P.OP.S- Bhaptiyahi, District- Supaul 3. Prabhu Narain Yadav S/O Late Kunji Lal Yadav Resident Of Village- Saraigarh, Via- Bhaptiyahi, P.S- Kishanpur, District- Supaul 4. Awadh Narain Yadav S/O Jazar Yadav Resident Of Village- Garhiya, P.OP.S- Bhaptiyahi, District- Supaul 5. Maksudan Singh S/O Ganesh Singh Resident Of Village- Kataiya, P.O- Baltharwa, P.S- Bhaptiyahi, District- Supaul. 6. Shivchandra Yadav S/O Yogendra Yadav Resident F VillageP.O- Saraigarh, P.S- Kishanpur, District- Supaul. 7. Radhey Prasad Yadav S/O Kapileshwar Yadav Resident Of Village- Kaushaha, P.O- Chandpipar, P.S- Kishanpur, District- Supaul 8. Hari Lal Sah S/O Babuji Sah Resident Of VillageP.O-Kishanpur, P.S- Bhaptiyahi, District- Supaul. 9. Bidyanand Mehts S/O Late Rashik Lal Mehta Resident Of Village- Majhahua, P.O- Murli, P.S- Kishanpur, District- Supaul. 10. Jivanand Sah S/O Dyalal Sah Resident Of VillageP.O- Saraigarh, P.S- Kishanpur, District- Supaul 11. Mishri Lal Singh S/O Gangay Singh Resident Of Village- Bhuliya, P.O- Baltharwa, P.S- Bhaptiyahi, District- Supaul. 12. Gangaram Pandit S/O Late Rashik Lal Pandit Resident Of VillageP.O- Saraigarh, P.S- Kishanpur, District- Supaul 13. Indra Narayan Yadav S/O Late Chamak Lal Yadav Resident Of Village- Chakni, P.O- Saraigarh, P.S- Kishanpur, District- Supaul. 14. Om Narayan Singh S/O Sukhdeo Singh Resident Of Village- Kataiya, P.O- Baltharwa, P.S- Bhaptiyahi, District- Supaul. 15. Sadhu Ram S/O Late Janak Ram Resident Of VillageP.O- Banainiyan, P.O- Kishanpur, District- Supaul. 16. Siyaram Mandal S/O Sri Laddu Lal Mandal Resident Of Village- Sanpatha, P.O- Banainiyan, P.S- Kishanpur, District- Supaul. 17. Bhola Prasad Singh S/O Dhanay Singh Resident Of Village- Toli , P.O- Siyani, P.S- Bhaptiyahi, District- Supaul. 18. Surya Narain Yadav S/O Yugeshwar Yadav Resident Of Village- Dubiyahi, P.O- Murli, P.S- Kishanpur, District- Supaul. 19. Prakash Mehta S/O Manthi Mehta Resident Of Village- Dahupatti, P.O- Kishanpur, P.S- Bhaptiyahi, District- Supaul. 20. Bhupendra Narain Yadav S/O Late Anat Lal Yadav Resident Of Village- Chaikni, P.O- Saraigarh, P.S- Kishanpur, District- Supaul. Patna High Court CWJC No.22678 of 2011(7) dt.04-08-2025 2/4 21. Ashok Prasad S/O Kamal Narayan Raut Resident Of Villate- Bhuliya, P.O- Baltharwa, P.S-Bhaptiyahi, District- Supaul. 22. Durga Prasad Mandal S/O Nakchedi Mandal Resident Of VillageP.O- Chandpipar, P.S- Kishanpur, District- Supaul. 23. Rajendra Prasad Sah S/O Late Leeland Sah Resident Of Village- P.O- Bhaptiyahi, P.S- Kishanpur, District- Supaul. 24. Yugeshwar Prasad Vishwash S/O Sukhdeo Prasad Vishwash Resident Of Village- Bhuliya, P.O- Baltharwa, P.S- Bhaptiyahi, District- Supaul. 25. Shanini Sardar S/O Badhu Sardar Resident Of VillageP.O- Banainiyan, P.O- Kishanpur, District- Supaul. 26. Jamun Sada S/O Gonar Sada Resident Of Village- Aurahi, P.O- Banainiyan, P.S- Kishanpur, District- Supaul. 27. Sunil Kumar Yadav S/O Ramkrishan Yadav Resident Of Village- Kushwaha, P.0 Chandipapar, P.S- Kishanpur, District- Supaul. 28. Sheela Devi S/O Bulan Sah Resident Of VillageP.O- Saraigarh, P.S- Kishanpur, District- Supaul 29. Reeta Devi W/O Mohan Mehta Resident Of Village- Nonpar, P.O- Vaisha, Via- Karjain, P.S- Karjain, District- Supaul. 30. Bala Kant Sah S/O Sri Jagdish Sah Resident Of Village- Singhpur, P.O- Banainiyan, P.S- Kishanpur, District- Supaul. 31. Rami Yadav S/O Rameshwar Yadav Resident Of VillageP.O- Saraigarh, P.S- Kishanpur, District- Supaul 32. Upendra Prasad Yadav S/O Sri Prayag Yadav Resident Of Village- Chikani, P.O- Saraigarh, P.S- Kishanpur, District- Supaul. 33. Bindula Devi W/O Sri Indradeo Yadav Resident Of Village- Kush, P.S- Kishanpur, District- Supaul. 34. Upendra Kumar Pandit S/O Late Mahanthi Pandit Resident Of VillageP.O- Saraigarh, P.S- Kishanpur, District- Supaul. 35. Reena Devi W/O Umesh Kumar Resident Of VillageP.O- Siyani, Via- Bhaptiyahi, P.S- Bhaptiyahi, District- Supaul. 36. Ambika Bharti W/O Raj Kumar Resident Of VillageP.O- Siyani, Via- Bhaptiyahi, P.S- Bhaptiyahi, District- Supaul. 37. Ranju Kumari W/O Shiv Shankar Mehta Resident Of VillageP.O- Vaisha, Via- Karjain, P.S- Karjain, District- Supaul. 38. Ramchandra Mehta W/O Siyaram Yadav Resident Of Village- Garhiya, P.OP.S- Bhaptiyahi, District- Supaul 39. Tara Devi, wife of Siyaram Yadav, resident of village - Garhiya, P.O.+ P.S. -Bhaptiyahi, District -Supaul. ... ... Petitioner/s Versus 1. THE STATE OF BIHAR 2. The Commissioner-Cum-Secretary, Human Resources Development Department, Government Of Bihar, Patna. Patna High Court CWJC No.22678 of 2011(7) dt.04-08-2025 3/4 3. The Principal Secretary, Department Of General Administration, Government Of Bihar, Patna. 4. The Director, Mass Education, Government Of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Mrs. Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 7 04-08-2025 None appears on behalf of the petitioner, although learned counsel for the State is present. 2. It appears from the record that, vide order dated 13.02.2012, the present matter was directed to be listed immediately after disposal of LPA No. 1489 of 2011. Thereafter, on three occasions, i.e., 18.11.2024, 25.11.2024, and 09.12.2024, the matter was adjourned at the request of learned counsel for the petitioner. Today, despite repeated calls, none has appeared on behalf of the petitioner. 3. Learned counsel for the State submits that the present writ petition relates to the claim of absorption against Class III/IV posts, as the petitioner is an ex-instructor under the Adult and Non-Formal Education Scheme. It is submitted that the issue has already been adjudicated by the Hon’ble Supreme Court of India, wherein a cut-off date of 26.02.2016 has been fixed. 4. He further submits that LPA No. 1489 of 2011 has already been disposed of, and a Civil Review No. 59 of 2018 Patna High Court CWJC No.22678 of 2011(7) dt.04-08-2025 4/4 (The State of Bihar & Ors. vs. Harendra Mishra & Ors.) was filed against the same. The said Civil Review has also been disposed of, and the matter is now pending before the Hon’ble Supreme Court. 5. In light of the submissions made by the learned counsel for the State, particularly considering that LPA No. 1489 of 2011 and the connected Civil Review have already been disposed of by this Court, and further taking into account that learned counsel for the petitioner has not appeared on several occasions and the matter has been pending since 2011, this Court finds it appropriate to bring an end to the present litigation. Accordingly, this writ petition is disposed of. Pending Interlocutory Applications, if any, are also disposed of. 6. However, the petitioner shall be at liberty to approach this Court afresh in the event Civil Review No. 59 of 2018, against which the matter is stated to be pending before the Hon’ble Supreme Court, is revived and any relief is granted in favour of the petitioner pursuant to the order passed by the Hon’ble Supreme Court of India. Ashwini/- (Dr. Anshuman, J) U