IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No. 1916 of 2009 Arising out of Civil Writ Jurisdiction Case No. 2254 of 2001 ====================================================== Pradyut Mani Mishra, son of Chandra Bhusan Mani Mishra, resident of Village + P.O. – Puraina Gosai, P.S. – Chanpatia, District – West Champaran .... .... Petitioner Versus 1. The State of Bihar, 2. Sri Bhirgunath Upadhayay, son of name not known to the petitioner, Director, Secondary Education, Budh Marg, Patna, 3. Suresh Kumar Chaudhary, son of name not known to the petitioner, Regional Deputy Director of Education, Tirhut Division, Muzaffarpur, 4. Sri Lalan Jha, son of name not known to the petitioner, District Education Officer, West Champaran, Bettiah, 5. Mr. Md. Mamun Rasid, son of name not known to the petitioner, Incharge Headmaster, Sri Rajaram Government High School, Sathi, West Champaran .... .... Opposite parties – contemnors. ====================================================== with Miscellaneous Jurisdiction Case No. 1917 of 2009 Arising out of Civil Writ Jurisdiction Case No. 185 of 2001. ====================================================== 1. Krishna Prasad Srivastava, son of Raj Narayan Prasad Srivastava, resident of Sahasraw, P.O. + P.S. – Bhairavganj, District – West Champaran, 2. Hiralal Yadav, son of Singhasan Yadav, resident of Village – Bhaisahi, P.S. – Laxmipur, District – West Champaran .... .... Petitioners Versus 1. The State of Bihar, 2. Sri Bhirgunath Upadhayay, son of name not known to the petitioner, Director, Secondary Education, Budh Marg, Patna, 3. Suresh Kumar Chaudhary, son of name not known to the petitioner, Regional Deputy Director of Education, Tirhut Division, Muzaffarpur, 4. Sri Lalan Jha, son of name not known to the petitioner, District Patna High Court MJC No.1916 of 2009 (10) dt.29-04-2014 2/3 Education Officer, West Champaran, Bettiah, 5. Aftab Alam, son of name not known to the petitioner, Incharge Headmaster, Railway Prabesika Ucch Vidyalaya, Nirkatiyaganj, West Champaran, 6. Awadhesh Tiwari, son of name not known to the petitioner, Headmaster Ucch Vidyalaya, Narkatiyaganj, West Champaran .... .... Opposite parties – contemnors. ====================================================== Appearance: (In MJC No. 1916 of 2009) For the Petitioner/s : Mr. Anshuman and Mr. Ramanuj Tiwary, Advocates. For the Respondent/s : Mr. (SC 15) (In MJC No. 1917 of 2009) For the Petitioner/s : Mr. Anshuman and Mr. Ramanuj Tiwary, Advocates. For the Respondent/s : Mr. (SC 15) ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 10 29-04-2014 Learned counsel for the petitioners and learned AC to SC 14 for the State are present. The cases have been listed in view of the fact that though the cases were being heard together but inadvertently it appears that in MJC No. 1917 of 2009, order dated 19.10.2011 has neither been recorded nor in the connected case, i.e., MJC No. 1916 of 2009, there is an indication to show that the order was passed in both the cases. Besides the learned counsel for the petitioners, Mr. Sunil Kumar, Court Master of the Bench of the Hon’ble Court which passed the order on 19.10.2011 as well as Mr. Shashi Kant Patna High Court MJC No.1916 of 2009 (10) dt.29-04-2014 3/3 Mishra, Sr. P.A., who had recorded the order dated 19.10.2011, are also present. From perusal of the records of the cases, it transpires that in MJC No. 1917 of 2009, by order dated 3.8.2011 it was directed that the case be put up along with MJC No. 1916 of 2009. Thereafter, both the cases were being listed side by side and common orders were also passed though these were recorded separately in both the cases, but the orders were identical. On 19.10.2011 also, from the records it transpires that MJC No. 1916 of 2009 was disposed off in view of the supplementary affidavit. Perusal of the supplementary affidavit indicates that though it was filed in M.J.C. No. 1916 of 2009 but the same related to both these cases. The parties also agree that on 19.10.2011, MJC No. 1917 of 2009 was also disposed off by the same common order passed in M.J.C. No. 1916 of 2009. Taking into consideration the aforesaid, let the order dated 19.10.2011, as recorded in MJC No. 1916 of 2009, be considered to be the order passed on 19.10.2011 itself in MJC No. 1917 of 2009 also. Dilip. (Ahsanuddin Amanullah, J)