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Patna High CourtC. REV./40/2014dismissed

The Managing Director, Land Development Bank Ltd. And ORS. v. The State Of Bihar And ANR

2017-08-17Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.40 of 2014 In Civil Writ Jurisdiction Case No. 22107 of 2012 ====================================================== 1.The Managing Director, Land Development Bank, Patna presently known as Multi State Co-operative Land Development Bank Limited, Bihar- Jharkhand, Budh Marg, Patna

2. The Chairman of Land Development Bank, Patna

3. Regional Manager, Land Development Bank, Patna

4. Regional Manager, Land Development Bank, Bhagalpur, District- Bhagalpur

5. Branch Manager, Land Development Bank, Naugachhia, P.S.- Naugachhia, District- Bhagalpur Respondents 2 to 6/ Petitioners

Versus

1. Maheshwar Prasad Singh son of Late Kasturi Prasad Singh, resident of village + P.O.-Pachaut, P.S.-Beldour, District- Khagaria .... ..... Petitioner/Opposite Party

2. The State of Bihar

3. The Accountant General, Bihar, Patna .... ....Respondents/ Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Prasad Choudhary, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-08-2017 This application under Article 226 of the Constitution of India under Order 47 Rule 1 of the Code of Civil Procedure has been filed seeking review of the part of the order dated 21.06.2013 passed in CWJC No.22107 of 2012 by which this Court has directed the petitioners to ensure payment of retiral dues to the opposite party no.1 (petitioner in CWJC No.22107/2012) within three months from the date of receipt/production of a copy of the order.

From perusal of the order dated 17.12.2014 it would be

Patna High Court C. REV. No.40 of 2014 (5) dt.17-08-2017 2/2 manifest that this Court had directed for issuance of notice to opposite party no.1 for which requisites were to be filed under registered cover with A/D and ordinary process within one week. The aforesaid order was peremptory in nature. The Registry has reported that since the order dated 17.12.2014 has not been complied with, the civil review application stood rejected on 24.12.2014 as against opposite party no.1. The petitioners have not taken any step for restoration of the application against opposite party no.1 till date.

In that view of the matter, this review petition cannot be entertained on merits.

Accordingly, this application is dismissed.

(Ashwani Kumar Singh, J) Md.S./- U T