Sangram Welfare Society v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.150 of 2023 In Civil Writ Jurisdiction Case No.18031 of 2022 ====================================================== Sangram Welfare Society Gram Panchayat Raj Massaurha, Block-Piparahi, P.S.-Piparahi, District-Sheohar through the Secretary Shyambabu Gupta, aged about 37 years, Male, son of Kamal Prasad Gupta, resident of VillageMasaurha, P.S.-Piprahi, District-Sheohar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2.

The Principal Secretary, Gramin Vikash Vibhag, Old Secretariat, Patna. 3.

The Secretary, Bihar Rural Development Society, Patna. 4.

The Joint Secretary, MNREGA, Patna.

5.

The District Officer-cum-District Programme Co-Ordinator, MNREGA, Sheohar.

6.

The District Development Commissioner, District Gramin Vikash Abhikaran, Sheohar-cum-Additional District Programme Co-Ordinator, Sheohar.

7.

The District Planning Officer, Sheohar 8.

The Block Development Officer, Piparahi, District-Sheohar 9.

The Block Programme Officer, Piparahi, District-Sheohar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumod Kumar Shrivastaw, Advocate.

For the Opposite Party/s :

Mr. Anjani Kumar, AAG-4.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 20-02-2025 Petitioner has presented this civil review to recall the order of the Co-ordinate Bench dated 18.04.2023 passed in C.W.J.C. No.18031 of 2022 on the sole ground that petitioner counsel remained absent and Co-ordinate Bench proceeded to

Patna High Court C. REV. No.150 of 2023(3) dt.20-02-2025 2/3 pass ex-parte order.

2. Learned counsel for the review petitioner submitted that earlier he had approached by filing C.W.J.C. No.3181 of 2022 and certain directions were issued to the concerned respondents to consider the grievance of petitioner, resultantly petitioner withdrew such writ petition insofar as availing the alternative remedy. Thereafter petitioner had submitted number of representations and so also issued a notice, however, the grievance of petitioner is not redressed. On the other hand, perusal of certain material information, it is evident that some inquiry is stated to have been conducted and thereafter they have not passed any order either accepting the petitioner's grievance or rejecting pursuant to Inquiry Officer's report.

In fact, if it was adverse to the petitioner, in that event, petitioner should have been heard in the matter in order to meet Article 14 of the Constitution of India and the same has not been undertaken by the concerned official respondent. Moreover, the present review petition is arising out of C.W.J.C. No.18031 of 2022 (Public Interest Litigation). Thus review petitioner has made out a case so as to review the order dated 18.04.2023 passed in C.W.J.C. No.18031 of 2022 on the sole ground that he has not been heard in the matter by the Co-ordinate Bench.

Patna High Court C. REV. No.150 of 2023(3) dt.20-02-2025 3/3

3. Accordingly, order dated 18.04.2023 passed by Coordinate Bench in C.W.J.C. No.18031 of 2022 stands set-aside while restoring C.W.J.C. No.18031 of 2022 on the file.

4. Registry is hereby requested to list C.W.J.C. No.18031 of 2022 before the concerned roster Bench at the earliest.

5. Civil Review Petition is allowed.

(P. B. Bajanthri, J) (Sunil Dutta Mishra, J) ritik/- U