Dinesh Singh @ Dineshwar Prasad Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.526 of 2018 In Letters Patent Appeal No.451 of 1999 ====================================================== 1.

Dinesh Singh @ Dineshwar Prasad Singh, Son of late Yogendra Singh, Resident of Vill- Raghunathpur, P.S. Paroo, District- Muzaffarpur. 2.

Ramesh Singh@ Ramesh kumar Singh, Son of late Yogendra Singh, Resident of Vill- Raghunathpur, P.S. Paroo, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Additional Member, Board of Revenue, Bihar, Patna. 3.

Collector, Muzaffarpur.

4.

Addl. Collector, Muzaffarpur.

5.

Dy. Collector, Land Reforms, Muzaffarpur West. 6.

Chamali Devi, Wife of late Yogi Sah, Resident of Village and P.O. Raghunathpur, P.S. Paroo, District- Muzaffarpur. 7.

Kapildeo Sah, Son of late Yogi sah, Resident of Village and P.O. Raghunathpur, P.S. Paroo, District- Muzaffarpur. 8.

Umesh Singh, Son of late Yogendra Singh, Resident of Village and P.O. Raghunathpur, P.S. Paroo, District- Muzaffarpur. 9.

Awadhesh Singh, son of Late Yogendra Singh, Resident of Village and P.O.- Raghunathpur, P.S. Paroo, District- Muzaffarpur. 10.

Kamshwar Singh, Son of Raghunathpur Singh and Nati of Late Gaya Singh, resident of Village- Raghunathpur, P.O. Paroo, District Muzaffarpur. 11.

Fuljhari Kumari, minor D/o Late Yogi Sah under guardianship of Chameli Devi, mother and guardian.

12.

Deoki Kumari Daughter of Late Yogi Sah, minor under the guardian of Mostt. Chameli Devi, mother and guardian, Both residents of Village Raghunathpur, P.S. Paroo, District Muzaffarpur. 13.

Smt. Asha Devi wife of Ram Nath Sah and daughter of Late Yogi Sah Resident of Village- Dauchapur, P.S. Bhagwanpur, District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amresh Kumar For the Opposite Party/s :

Md. Khurshid Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA

Patna High Court C. REV. No.526 of 2018(5) dt.17-08-2023 2/3 ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 17-08-2023 Heard I.A. No. 8728 of 2018 for condonation of delay of five years five months and three days in filing present civil review petition No. 526 of 2018.

2. The present civil review application is filed for recalling the order dated 13.05.2013 passed in L.P.A. No. 451 of 1999.

3. Originally advocates on record Mr. Binod Kumar, Mr. Birendra Kumar Tiwary and Mr. Amresh Kumar represented the appellants whereas the present civil review petition is filed by Mr. Amresh Kumar.

4. Perusal of the records, it is evident that there is delay of about five years five months and three days in filing the present civil review petition and one and only reason assigned by the review petitioner to condone the delay is that advocate on record has not informed him about disposal of L.P.A. No. 451 of 1999 on 13.05.2013. It is also submitted that even though Mr. Amresh Kumar did not appear on that day, his name has been shown as if he had appeared for the appellants. In this regard, he has not pointed out from the Vakalatnama in L.P.A. No. 451 of 1999 to the extent that he was not one of the signatories to the Vakalatnama.

Patna High Court C. REV. No.526 of 2018(5) dt.17-08-2023 3/3

5. In view of these facts and circumstances, present civil review petition stands dismissed on the ground of delay and laches. Accordingly, I.A. No. 8728 of 2018 stands rejected. Consequently, Civil Review No. 526/2018 stands rejected.

6. Pending I.A. (s), if any, stands disposed of. (P. B. Bajanthri, J) (Arun Kumar Jha, J) GAURAV S./- U