The Bihar State Power Holding Company Ltd And ORS v. Gopal Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.844 of 2015 In Civil Review No. 239 of 2013 In Civil Writ Jurisdiction Case no.9138 of 2013 ======================================================
1. The Bihar State Power (Holding) Company Limited, through its Secretary, Vidhyut Bhawan, Bailey Road, Patna
2. Joint Secretary, Bihar State Power (Holding) Company Limited, Vidhyut Bhawan, Bailey Road, Patna
3. General Manager-Cum-Chief Engineer, Koshi Electric Supply Region, Saharsa
4. Senior Manager, Koshi Electric Supply Region, Saharsa
5. Electrical Superintending Engineet, Electric Supply Circle, Saharsa
6. Electrical Executive Engineer, Electric Supply Division, Khagaria .... .... Petitioner/s
Versus
Gopal Mishra, son of late Bhola Mishra, resident of village-Suja, P.O.-Suja, P.S.-Mufassil, District-Begusarai.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anand Kumar Ojha For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 13-05-2015 MJC No.844 of 2015 The present MJC application has been filed on behalf of the Bihar State Power (Holding) Company Limited through its Secretary and its other functionaries and officers for restoration of Civil Review No.239 of 2013, which stood dismissed for noncompliance of the Court's peremptory order dated 05.03.2014. After having heard the learned counsel appearing on behalf of the petitioners and for the reasons disclosed in the present MJC application, the prayer for restoration is allowed. Civil Review No.239 of 2013 is restored to its original file. The present MJC application stands finally disposed of. Civil Review No.239 of 2013
Patna High Court MJC No.844 of 2015 (2) dt.13-05-2015 With the consent of learned counsel for the petitioners, the present civil review application has been taken up for consideration on merits, which has been filed on behalf of the respondents of the writ petition seeking review of the judgment and order dated 16.05.2013 passed in CWJC No.9138 of 2013, whereby the aforesaid writ petition filed on behalf of the sole writ petitioner- respondent herein was finally disposed of with the observations and directions made in para 8 of the aforesaid judgment and order.
After having heard the learned counsel appearing on behalf of the petitioners, this Court does not find any error apparent on the face of record or any ambiguity in the aforesaid judgment and order dated 16.05.2013 warranting review of the aforesaid judgment and order. No case for review is at all made out.
Consequently, the present civil review application stands dismissed.
However, it is clarified that, if some officer of the respondent State or the writ petitioner himself has not complied the aforesaid order in its letter and spirit, or has wrongly interpreted the aforesaid order and proceeded further for taking some decision/action, which is prejudicial and contrary to the interest of the petitioners, then they shall be at liberty to challenge such decision/action in an appropriate proceeding before an appropriate forum/court for grant of appropriate relief. Arvind/- (Birendra Prasad Verma, J) U