Patna High CourtMJC/2503/2017disposed

Param Hans Kumar Singh v. The State Of Bihar And ANR

2018-01-12The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2503 of 2017 ====================================================== Param Hans Kumar Singh Son of Late Surendra Singh Resident of Village - Bikrampur, P.S. - Fatuha, District - Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through Commissioner Commercial, Taxes Cum Principal Secretary, Commercial Taxes Department, Government of Bihar, Patna.

2. The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Prasad Singh, Advocate For the Respondent/s :

Mr. Pushkar Narayan Shahi - AAG 6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12-01-2018 While disposing of the LPA No. 1184 of 2014 by order dated 05.07.2017, this Court has disposed of the matter in the light of the order passed in the case of Vijay Kumar Mishra Vs. The State of Bihar & others in CWJC No. 17325 of 2015 and after taking note of the law laid down by the Hon'ble Supreme Court in the case of State of Jharkhand Vs. Jitendra Kumar Shrivastava: (2013) 12 SCC 210. In fact, the case of the petitioner was required to be disposed of in terms of the order dated 18.05.2016 passed in LPA No. 491 of 2015 (The State of Bihar & Ors. Vs. Vijay Kumar Chaurasia & Ors.) and while passing the order dated 5.7.2017 in the light of the order passed in the case of Vijay Kumar Mishra (supra) and Jitendra

Patna High Court MJC No.2503 of 2017(3) dt.12-01-2018 2/2 Kumar Shrivastava (supra) an error has crept. Keeping in view the aforesaid, we allow this application recalling the order dated 5.7.2017 passed in LPA No. 1184 of 2014 and dispose of the LPA No. 1184/2014 in terms of the order passed on 18.5.2016 in LPA No. 491 of 2015 (The State of Bihar & Ors. Vs. Vijay Kumar Chaurasia & Ors.). The petitioner's claim be also examined and decided in terms of the aforesaid order.

With the aforesaid modification in the order dated 5.7.2017 passed in LPA No. 1184 of 2014, this petition stands disposed of.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) spandey/- U