Patna High CourtC. REV./281/2018disposed

Gyanti Devi v. The State Of Bihar And ORS

2018-10-06Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.281 of 2018 In Letters Patent Appeal No.1084 of 2017 ====================================================== Gyanti Devi wife of Late Kaushal Kishore Singh, R/o Mohalla- Kosi Colony, P.S.- Birpur, District- Supaul ... ... Petitioner

Versus

1. The State Of Bihar through Chief Secretary, Bihar, Patna

2. The Secretary, Water Resource Department, Govt. of Bihar, Patna

3. The Chief Engineer, Water Resource Department, Birpur, Supaul

4. The Superintending Engineer, Barrage Circle, Water Resource Department, Birpur, Patna

5. The Executive Engineer, Headwarks Division, Water Resource Department, Birpur, Supaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Respondent/s :

Mr. Anjani Kumar ( Aag 4 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-10-2018 Admit.

Shri Anjani Kumar Singh, learned AAG-4 waives service of notice of Admission on behalf of respondent State. Under the facts and circumstances and with the consent of the learned counsel representing the respective parties, the present application has been taken up for final hearing today.

The present review application has been preferred by the applicant herein- original appellant-original writ petitioner to review and recall the order passed by the learned Division Bench of this Court dated 12.07.2018 passed in L.P.A. No. 1084

Patna High Court C. REV. No.281 of 2018(3) dt.06-10-2018 2/2 of 2017 by which the Division Bench dismissed the said L. P. A. Having heard learned counsel of the respective parties and considering the reliefs sought for in the main writ application, in which even the order dated 08.08.2003 cancelling the regularization of the deceased employee was also under challenge, and that the order passed by the Division Bench is on the wrong premise that the order dated 08.08.2003 has not been challenged which as such was challenged, we recall the order dated 12.07.2018 passed in L. P. A. No. 1084 of 2017 and order to restore the main Letters Patent Appeal. The Letters Patent Appeal be placed before appropriate Bench taking up such matters.

Accordingly, this application stands allowed. (Mukesh R. Shah, CJ) ( Rajeev Ranjan Prasad, J) avin/- U