Application for review of a single judge order dismissing a writ petition was dismissed in limine, holding the review misconceived as the petitioners failed to place crucial orders available to them on record before the appellate bench.
Application for review is dismissed in limine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No.358 of 2011 In
Letters Patent Appeal No. 1008 of 2011
In
Civil Writ Jurisdiction Case No. 7282 of 2006
======================================================
Geeta Devi W/O Late Raj Vaidya Krishna Mohan Pathak, resident of Personal Staff Quarter, Shyama Bagh, Darbhanga Town, P.S.-L.N.Mithila University, District- Darbhanga.
.... .... Petitioner/s Versus
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Kumar Jha, Advocate. For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)
This Application for review has been filed by the appellant for review of our order dated 8th September 2011 made on Letters Patent Appeal No. 1008 of 2011 arising out of CWJC No. 7282 of 2006.
The review has been sought on the ground that the
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matter at dispute in the present proceeding is the order dated 3rd May 2006 made by the Collector, Darbhanga in Encroachment Appeal No. 26 of 2003-04. The very order was the subject matter of challenge before this Court by one Amar nath Mishra in CWJC No. 6780 of 2006 and by one Indra Nath Jha in CWJC No. 11080 of 2011. CWJC No. 6780 of 2006 was disposed of on 18th December 2006 (Coram: Mr. Justice S.N.Hussain). The matter was remitted to the Circle Officer, Sadar, Darbhanga for decision afresh. In CWJC No. 11080 of 2011 this Court (Coram: Mr. Justice Samarendra Pratap Singh), by order dated 24th August 2011, made a similar order of remand to the Circle Officer, Sadar, Darbhanga. A similar order, therefore, ought to have been made in the present proceeding also.
The review has also been sought on the ground that the learned Single Judge has committed error apparent on the face of the record.
Learned Advocate Mr. Dhirendra Kumar Jha has appeared for the petitioner. He has submitted that in spite of due diligence the petitioner could not produce the above referred orders before the learned single Judge. Although the said orders were available to the petitioner at the time of hearing of the Letters Patent Appeal, the same were not brought to the notice of the Court.
In our opinion, the review petition is misconceived. The matters are decided on the materials produced on record. Although the above referred orders were available to the petitioner and that he did not produce before the Bench, the same cannot be the ground for review. Besides, the order made by the Bench cannot be reviewed on the ground that the learned single Judge had
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committed error apparent on the face of record.
No case for review is made out. The application is dismissed in limine.
(R.M. Doshit, CJ)
BTiwary/-
(Birendra Prasad Verma, J)
1 issue framed by the court
Whether the review petition filed by the appellant is maintainable on the grounds of non-production of orders and error apparent on the face of the record.
Colour shows how this judgement treated each authority
Amar Nath Mishra CWJC No. 6780 of 2006Referred¶28
CWJC No. 6780 of 2006
Indra Nath Jha CWJC No. 11080 of 2011Referred¶28
CWJC No. 11080 of 2011
3 provisions across 1 enactments
Geeta Devi
The State Of Bihar
The Collector, Darbhanga
The Circle Officer, Darbhanga
The Registrar, Kameshwar Singh Darbhanga Sanskrit University
Amar Nath Mishra
Hon'ble the Chief Justice
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
