Chote Lal Paswan & Ors vs The State of Bihar & Ors

Learned Senior Counsel representing the petitioners has placed before this Court, a copy of the judgment and order dated 27.04.2016, passed by a Division Bench of this Court in L.P.A. No. 1764 of 2010 (Balbir Singh & Ors. Vs. The State of Bihar & Ors.).

Yesterday, the matter was adjourned to enable learned Counsel representing the State to find out whether the aforesaid judgment and order, passed by a Division Bench of this Court, was subject matter of challenge before the Hon''ble Supreme Court of India and to place the result if it has been disposed of.

Today, learned Additional Advocate General No. 5, representing the State, has appeared and produced before this Court, a copy of the order dated 28.07.2017, passed by the Hon''ble Supreme Court of India in S.L.P. (C) No. 22532 of 2017, arising out of Diary No (s). 16452 of 2017.

The Hon''ble Supreme Court of India has declined to interfere with the impugned judgment and order dated 27.04.2016, passed by a Division Bench of this Court in L.P.A. No. 1764 of 2010.

In view of this, learned Senior Counsel for the State accepts the position that this writ application would be squarely covered by the judgment and order passed by the Division Bench of this Court in L.P.A. No. 1764 of 2010.

This Court would, therefore, dispose of the present writ application, holding that the judgment and order dated 27.04.2016, passed by Hon''ble Division Bench of this Court in L.P.A. No. 1764 of 2010, shall also govern the case of these petitioners.

The authorities concerned will Act, in terms of the judgment and order dated 27.04.2016, passed in L.P.A. No. 1764 of 2010, in the case of these petitioners as well.

The order of termination of these petitioners shall also stand set-aside, in terms of paragraph 7 of the judgment and order dated 27.04.2016, passed in L.P.A. No. 1764 of 2010.

This application is, accordingly, disposed of.