Perma Nand Singh v. Patna Municipal Corporation , Patna And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.45 of 2015 In Miscellaneous Jurisdiction Case No. 4314 of 2013 =========================================================== Perma Nand Singh, S/o Late Sakaldip Singh, resident of Math Laxmanpur, Kauri Tola, Gulzarbagh, P.S.-Alamganj, District-Patna. .... .... Petitioner

Versus

1. Patna Municipal Corporation, Patna through its Chief Executive Officer, Budh Marge, Patna.

2. Chief Executive Officer, Patna Municipal Corporation, Budh Marge, Patna.

3. The Chief Account Officer, Patna Municipal Corporation, Budh Marge, Patna. .... .... Opposite parties/Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Srivastava, Advocate For the Respondent-PMC : Mr. Ranjeet Kumar Pandey, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH And HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE VIKASH JAIN) Date: 22-03-2017 I.A. No. 2187 of 2015 has been filed for condonation of delay of about seven months and ten days in filing the Civil Review application, which has been preferred against the order of this Court passed in M.J.C. No. 4314 of 2013 which was dismissed

Patna High Court C. REV. No.45 of 2015 dt.22-03-2017 2 / 3 on the ground that the same is grossly time barred. Having regard to the reasons stated in the limitation application, the same is allowed. We are satisfied that there is reasonable ground for the delay caused in filing the review application and the same is, accordingly, condoned. I.A. No. 2187 of 2015 stands allowed.

Civil Review No.45 of 2015 Learned counsel for the review petitioner submits that even though the order under review was challenged before the Apex Court vide S.L.A. (C) ... CC No. 16081 of 2014 which was dismissed, the same would not come in the way of the present review application.

A perusal of the said order of the Apex Court discloses that as a matter of fact, the same has not been dismissed rather the same was disposed of with certain observations. Moreover, it is the prerogative of this Court to decide there has been a wilful disobedience in compliance of its order. It is evident that this Court did not deem it a fit case in which to proceed in the contempt matter.

We are not satisfied that there is any sufficient reason which may call for review of the order passed by this Court.

Patna High Court C. REV. No.45 of 2015 dt.22-03-2017 3 / 3 Accordingly, the Civil Review application stands dismissed. (Ashwani Kumar Singh, J.) (Vikash Jain, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.03.2017 Transmission NA Date