M/S Vishnu Sugar Mills Limited, Harakhua v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Review No.11 of 2013 IN Civil Writ Jurisdiction Case No. 4639 of 2005 =========================================================== M/s Vishnu Sugar Mills Limited, Harakhua P.O. Vishnu Sugar Mills, District - Gopalganj through its General Manager, P.R.S. Panicker, Son of Sri Raghav Panikher .... .... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. The Secretary, Sugarcane Development Department, Government of Bihar
3. The Cane Commissioner, Sugarcane Development Department, Government of Bihar, Patna
4. Assistant Cane Commissioner, Bihar, Patna
5. The State of Uttar Pradesh through the Cane Commissioner, Lucknow, ( U.P. ) .... .... Opposite Parties =========================================================== Appearance :
For the Petitioner : Mr. Y.V. Giri, Sr. Advocate Mr. Ashish Giri, Advocate Mr. Vikas Ratan Bharti, Advocate For Opposite Parties : Mr. Pawan Kumar, AC to GA 1 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 23-11-2016 Heard learned counsel for the parties.
2. The present application is for review of the order passed by this Court on 6th of July, 2012 in CWJC No. 4639 of 2005.
3. The argument of the learned counsel for the petitioner is that this Court has relied upon a judgment of the Supreme Court in Purtabpore Company Limited Vs. Cane Commissioner , Bihar, (1970) 2 SCC 152 but the correctness of such view is being examined by the Supreme Court in Civil Appeal No. 5955 of 2005. Therefore the order
Patna High Court C. REV. No.11 of 2013 dt.23-11-2016 2/2 passed by this Court should be reviewed to await the judgment of the Supreme Court in the aforesaid appeal.
4. We do not find any error apparent on the record which warrants review of the order. The Bench has noticed the pendency of the said appeal and decided the matter on merits. Till such time the matter is decided either way, the judgment in Purtabpore Company Limited (supra) is binding on this Court.
5. In view of the said fact, we do not find any error apparent on record warranting interference in the present review petition. The same is accordingly dismissed.
(Hemant Gupta, ACJ) (Vikash Jain, J) B.T/Ibrar AFR/NAFR NAFR CAV DATE N.A Uploading Date 28.11.2016 Transmission Date N.A.