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Patna High CourtC. REV./438/2014withdrawn

The Chairman, Bihar State Housing Board And ORS v. Vishwanath Jha And ANR

2019-09-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.438 of 2014 In Civil Writ Jurisdiction Case No.16559 of 2008 ====================================================== 1.

The Chairman, Bihar State Housing Board 2.

The Managing Director, the Bihar State Housing Board, Patna. 3.

The Executive Engineer, Muzaffarpur Division, Bihar State Housing Board, Bhagwanpur Chatt, N.H. - 2 ... ... Petitioner/s

Versus

1.

Vishwanath Jha son of Lakshman Jha Resident of Village - Azizpur, P.S. - Sariya, District - Muzaffarpur, at present address Mohalla - Pokhara, C/o Krishna Bhawan Behind Dr. Suchit Chaudhary Navin Cinema Road, P.S. Hajipur Town, District - Vaishali.

2.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anshuman Singh For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-09-2019 The learned counsel for the petitioners Housing Board submits that the petitioners are in the process of complying the order under Review dated 02.04.2012 passed in CWJC No. 16559 of 2008, hence the present review petition is not being pressed, however, an observation be made to the effect that the order under review dated 02.04.2012 would not act as a precedent in other cases.

Considering the fair stand taken by the learned counsel for the Housing Board, the present review petition stands disposed off as withdrawn, however, with an observation

Patna High Court C. REV. No.438 of 2014(8) dt.18-09-2019 2/2 that the order dated 02.04.2012 passed in CWJC No. 16559 of 2008, shall not be a precedent in other cases for the reason that firstly the Housing Board has itself thought it proper to comply with the order dated 02.04.2012 and secondly the said order dated 02.04.2012 is deemed to be an order passed in the special facts and circumstances of the said case.

(Mohit Kumar Shah, J) S.Sb/- U