Patna High CourtC. REV./382/2018rejected

Prem Kumar Ram v. The State Of Bihar And ORS

2019-01-30The Chief Justice-,Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.382 of 2018 ====================================================== Prem Kumar Ram son of Late Mohar Ram, resident of Village - Dharampur Japhar, P.S. - Amnour, District - Saran, Chapra. ... ... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2. The Collector, Saran, Chapra.

3. The Sub-Divisional Officer, Marhowrah, District - Saran, Chapra.

4. The Block Supply Officer, Amnour Block, Saran, Chapra. ... ... Respondentss ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Kumar, Advocate For the Opposite Party/s :

Mr.S. Raza Ahmad AAG 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 30-01-2019 Heard learned counsel for the applicant and perused the records of the writ petition as well.

In paragraph 9 of the writ petition following statement has been made by the applicant:- "9. That petitioner filed appeal bearing its number 11 of 2010 before the Collector, Saran which is still pending."

Thus, we are not prepared to accept the explanation about ex-parte disposal of the appeal in 2011, inasmuch as, it was the applicant who was the appellant therein. It was his duty to have inspected the file first before having proceeded to make this statement before this Court in the writ petition filed in 2017

Patna High Court C. REV. No.382 of 2018(3) dt.30-01-2019 2/2 by him.

In our considered opinion, it was a false statement made before this Court that the appeal filed by him was still pending.

Learned counsel for the applicant submits that the counter affidavit filed by the respondent for the first time disclosed the dismissal of the appeal which was ex-parte. The question of the knowledge of the appeal being disposed of exparte does not arise, inasmuch as, the appellant himself was the person who had filed the appeal through a counsel. If his counsel has not taken any care the statement made in paragraph 9 cannot be made a cover for such an excuse.

If the appeal was decided ex-parte, it was open to the applicant to have approached the appropriate forum for the redressal of his grievances.

None of the submissions raised, therefore, on this score are acceptable to us. The review application is rejected as there is no error apparent on the face of the record. (Amreshwar Pratap Sahi, CJ) ( Rajeev Ranjan Prasad, J) avin/-ved U