Patna High CourtC. REV./306/2017dismissed

Ati - Pichhada Adhikar Morcha Through Its Trustee Dr. Dinesh Kumar v. The State Of Bihar And ORS

2017-09-04The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.306 of 2017 IN Civil Writ Jurisdiction Case No. 683 of 2017 =========================================================== Ati - Pichhada Adhikar Morcha through its trustee Dr. Dinesh Kumar s/o Late Ganpati Thakur Resident of Mehandiganj, Patna City , Pin - 800008. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Home, Govt. of Bihar, Patna.

3. The Principal Secretary, Department of General Administration, Govt. of Bihar, Patna.

4. The State Commission for Backward Classes through the Chairman, Quarter No. -89-92/40 Jawaharlal Nehru Marg, Patna - 800001. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Respondent/s : Mr. Lalit Kishore, AG =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 04-09-2017 This application has been filed under Order 47 Rule 1 of the Code of Civil Procedure for review and recall of an order dated 28.06.2017 passed by this Court in CWJC No. 683 of 2017. We had decided the writ petition based on certain judgment rendered by a Co-ordinate Bench of this Court in the case of Kishori Das & Ors. vs The State of Bihar & Ors. [2017(2) PLJR 338] and the observations made by the Supreme Court in the case of Indra Sawhney vs Union of India [1992 Supp.(3) SCC 217] and now the petitioner wants to hold in this

Patna High Court C. REV. No.306 of 2017 dt.04-09-2017 2/2 review application that the law laid down in the case of Kishori Das (supra), has not been properly considered and there was error in applying the said judgment in the facts and circumstances of this case.

The grounds raised by the petitioner and canvassed before us are not the grounds based on which the review application is maintainable as has been held by the Supreme Court in the case of Sasi (Dead) through Legal Representatives vs Aravindakshan Nair & Ors. [(2017) 4 SCC 692]. This application stands dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) mrl AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 07.09.2017 Transmission Date N.A.