Sheo Nath Singh And ORS. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.70 of 2014 In Civil Writ Jurisdiction Case No. 19476 of 2012 ======================================================

1. Sheo Nath Singh, Son of Late Musafir Singh, Resident of Village Karhan, P.S. Kesariya, District East Champaran

2. Shashikant Singh, Son of Late Ram Babu Singh, Resident of Village Karhan, P.S. Kesariya, District East Champaran

3. Sanju Devi, Wife of Mukesh Kumar Sharma, Resident of Village Karhan, P.S. Kesariya, District East Champaran

4. Pankaj Kumar Singh, Son of Surendra Singh, Resident of Village Karhan, P.S. Kesariya, District East Champaran

5. Nanda Devi, Wife of Pramod Kumar Singh, Resident of Village Karhan, P.S. Kesariya, District East Champaran .... .... Petitioner/s

Versus

1. State of Bihar through the Chief Secretary, Bihar, Patna

2. The Principal Secretary, Department of Co-Operation, New Secretariat, Bihar, Patna

3. The Registrar, Co-operative Societies, New Secretariat, Bihar, Patna

4. The Joint Secretary to the Government, Department of Co-operation, Bihar, Patna

5. The District Magistrate, East Champaran at Motihari

6. The District Co-Operative Officer, East Champaran at Motihari

7. The Zonal Manager, Agriculture Insurance Company of India Limited, Frazer Road, Patna .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Parties : Mr. Mithilesh Kumar Pathak, SC-7 Mr.Arun Kumar Prasad, AC to SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 08-01-2015 Heard the parties.

The writ petitioners of CWJC No.19476 of 2012 have filed the present review application seeking review of the order dated 12.10.2012 passed in the aforesaid CWJC No.19476 of 2012 by a Bench of this Court (Coram : Jayanandan Singh, J. since superannuated), whereby the aforesaid writ petition filed on behalf of the petitioners was dismissed at that stage on the ground that it

Patna High Court C. REV. No.70 of 2014 (4) dt.08-01-2015 was premature, and it was further held that the petitioners have filed the aforesaid writ petition mainly on the ground of their apprehension that some actions may be taken against them. Learned counsel appearing on behalf of the petitioners submits that subsequently the claims raised on behalf of the petitioners have been rejected by the competent authority. Therefore, they have got a valid cause of action. The subsequent events/orders passed by the State authorities cannot be a ground for reviewing the order dated 12.10.2012 passed in CWJC No.19476 of 2012. Therefore, no case for review is made out, so far the order dated 12.10.2012 is concerned. Hence, this Court is not inclined to review/recall the order dated 12.10.2012 passed in CWJC No.19476 of 2012.

Learned SC-7 appearing on behalf of the opposite parties has also fairly submitted that, if a fresh cause of action has arisen, the petitioners shall be well advised to approach an appropriate authority/forum/court by bringing an appropriate proceeding for grant of an appropriate relief. It is clarified that, if such a proceeding is brought at the behest of the petitioners before an appropriate authority/forum/court, the same shall be heard and decided strictly in accordance with law on its own merit without being prejudiced or influenced by the order dated 12.10.2012 passed in CWJC No.19476 of 2012.

With the aforesaid observations/directions, the present review application stands disposed of.

Arvind/- (Birendra Prasad Verma, J) U