Patna High CourtC. REV./418/2016allowed

Bhagwan Mishra v. Dilip Sah And ORS

2019-06-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.418 of 2016 In Civil Writ Jurisdiction Case No.13816 of 2009 ====================================================== Bhagwan Mishra, son of Sarshchnadra Mishra (SIC) Harish Chandra Mishra, Resident of Village- Balha, P.S. Rajnagar, District- Madhubani, presently residing at Chakdah, Police Station Madhubani Ward No. 8, Town and District Madhubani ... ... Petitioner/s

Versus

1. Dilip Sah

2. Bijay Sah, both sons of late Ram Chandra Sah, resident of MohallaBara Bazar, Ward No. 11, P.S. and District- Madhubani

3. The State of Bihar through the District Magistrate, Madhubani

4. The Commissioner, Darbhanga Division, Darbhanga

5. The District Magistrate cum Collector, Madhubani

6. The Sub-Divisional Officer, Sadar, Madhubani

7. The Deputy Collector, Land Reforms, Madhubani

8. The Circle Officer, Rahika, Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kripa Nand Jha, Advocate For the Opposite Party/s :

Mr.Syed Iqbal Ahmad Sc 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-06-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the opposite parties. The petitioner has filed the present review application for review of the order dated 29.9.2011 passed in CWJC No. 13816/2009.

The only ground canvassed on behalf of the petitioner in support of the review petition is that the petitioner was the necessary party in the writ petition but without impleading him as party and without hearing him the order dated 29.9.2011 has

Patna High Court C. REV. No.418 of 2016(5) dt.20-06-2019 2/2 been passed in CWJC No. 13816/2009. The law in this regard is well settled by the Constitution Bench judgment in the case of Shivdeo Singh & Ors vs State Of Punjab & Ors.: AIR 1963 SC 1909 wherein it has been held out that the order passed under writ jurisdiction is amenable to review if the order is adversely affecting the person who was not heard before taking such decision.

In view of the law laid down by the Apex Court in the case of Shivdeo Singh, the review petition is allowed. The order dated 29.9.2011 passed in CWJC No. 13816 of 2009 is recalled and the writ petition is restored to its original file. Let CWJC No. 13816 of 2009 be placed for admission before the appropriate Bench.

(Anil Kumar Upadhyay, J) spandey/- U