Sachchidanand Prasad Singh @ Sachchidanand Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.107 of 2016 IN Civil Writ Jurisdiction Case No. 19529 of 2011 =========================================================== Sachchidanand Prasad Singh @ Sachchidanand Singh, son of late Tarini Prasad Singh, resident of Village - Gogachak, P.S. - Tatarpur, District - Munger. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Deputy Development Commissioner Cum Chief Executive Officer, Zila Parishad, Munger, District Munger.

3. The District Magistrate, Munger.

4. The District Manager, Bihar State Food Corporation, Munger, District - Munger.

5. The Sub Divisional Officer, Sub-Division, Tarapur, District - Munger.

6. The Block Development Officer Block Tarapur, District - Munger.

7. The Executive Engineer Zila Parishad, Munger, District - Munger.

8. The Deputy Engineer Zila Parishad, Munger, District Munger.

9. The Assistant Engineer Zila Parishad, Munger, District Munger.

10. The Principal Secretary, Food & Supply, Old Secretariat, Patna. .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner : Mrs. Sushmita Mishra Mr. Surya Narayan Sah, Advocates.

For the Opposite Parties : Mr. Jitendra Kumar, AC to AAG-14 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-09-2018 The present petition has been filed for review of the judgment dated 21.09.2015 passed by a Coordinate Bench of this Court in C.W.J.C. No. 19529 of 2011 whereby the said writ petition was disposed of with a direction for constitution of a Three Man Enquiry Commission, which examined the matter as detailed in paragraph-89 of the said judgment.

2. Learned counsel for the petitioner submits that C.W.J.C. No. 19529 of 2011 was taken up along with a batch of writ petitions and disposed of without, however impleading the petitioner and without granting him an opportunity of hearing. It is submitted that the judgment dated 21.09.2015 aforesaid adversely affects the petitioner.

3. Learned counsel for the opposite parties appears and has been heard.

4. This Court takes note that the judgment dated 21.09.2015 passed in C.W.J.C. No. 19529 of 2011 along with analogous cases, was made the subject matter of appeal before a Division Bench of this Court. LPA No. 1437 of 2016 arising out C.W.JC. No. 19529 of 2011 along with the other LPAs has since been disposed of vide judgment dated 11.09.2017 after taking note of certain modifications made in the judgment under review by order dated 02.08.2017 passed in C.W.J.C. No. 5638 of 2011, as enumerated in paragraph-13 of the judgment of the Division Bench which has since been reported in the case of Sunil Kumar Singh & Ors. Vs. The State of Bihar and Ors., 2018(2) PLJR 945.

5. In the above circumstances and in view of the judgment under review having already been modified by the Division Bench in its order dated 02.08.2017 as noticed in paragraph-13 of the

judgment dated 11.09.2017 reported in Sunil Kumar Singh's case (supra), the judgment dated 21.09.2015 passed by the learned Single Judge cannot be reviewed.

6. The review petition stands dismissed.

(Vikash Jain, J) Md. Ibrarul/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 11.09.2018 Transmission Date N.A.