Renu Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.98 of 2015 Arising out of Civil Review No. 381 of 2013 =========================================================== Renu Sharma wife of Sheo Kumar Singh, resident of 31 Shiva Complex, Ved Nagar, Rukunpura, Bailey Road, Patna-14 .... .... Appellant/s

Versus

The State of Bihar through Secretary, Revenue Department-cum-Land Reforms Commissioner, Government of Bihar, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant : Mr. Ravindra Griyaghey with Mr. Sunil Kumar, Advocates For the Respondent : Mr. Harishankar Roy, AC to PAAG =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 11-07-2016 The challenge in the present Letters Patent Appeal is to an order passed by this Court on 26th June, 2014 whereby, Civil Review No. 381 of 2013 was dismissed. The review application was for review of the order dated 18th July, 2013 whereby, the writ petition filed by the petitioner was dismissed on account of delay, locus standi and for the reason that no writ can be issued for enforcement of any agreement.

The appellant claims to be a member of Vivek Nagar

Patna High Court LPA No.98 of 2015 dt.11-07-2016 2/2 Grih Nirman Sahkari Sahyog Samiti, Patna. The alleged agreement, the basis of the writ application was by the Co-operative Society, with the State Government. The appellant has no individual and distinct right to enforce the rights of a Society as a member of the Cooperative Society. Still further, the agreement is nothing but an assurance given by the officer of the State in a contempt proceeding. Such assurance given in contempt proceeding cannot be enforced by a separate writ application.

We do not find any error in the order passed by the learned Single Bench on 18th July, 2013 or in the order dismissing the Review Application.

The Letters Patent Appeal stands dismissed.

(Hemant Gupta, J) (Ahsanuddin Amanullah, J) Anjani/P. Kumar AFR/NAFR NAFR CAV DATE N/A Uploading Date 14.07.2016 Transmission Date N/A