Patna High CourtC. REV./253/2015disposed

Yanglal Rai v. The State Of Bihar And ORS

2015-12-09Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.253 of 2015 In Civil Writ Jurisdiction Case No. 10823 of 2012 ====================================================== Yanglal Rai, son of Sri Ram Naresh Rai, resident of village-Moudahi, P.S.- Bihta, District-Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector-cum-District Magistrate, Patna

3. The Deputy Collector Land Reforms, Paliganj, Patna.

4. The Circle Officer, Dulhin Bazar, P.S.-Dulhin Bazar, District-Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Respondent/s : Mr. Utsav Kumar, AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-12-2015 The present review application has been filed on behalf of the writ-petitioner of CWJC No.10823 of 2012 seeking review of the order dated 24.09.2015, whereby the aforesaid writ petition was dismissed on the ground of pendency of Title Suit No.03 of 2005.

The learned counsel appearing on behalf of the petitioner submits that, in fact, the aforesaid Title Suit No.03 of 2005 had already been dismissed on 09.07.2015 i.e. prior to the aforesaid order dated 24.09.2015, but the aforesaid facts could not be brought to the notice of this Court. He further submits that, in the light of the order/judgment passed by the Civil Court, the grievances of the petitioner have already been redressed by the revenue authorities.

In above view of the matter, the last paragraph of the order dated 24.09.2015 is hereby recalled, which reads as follows:- "However, the parties shall be at liberty

Patna High Court C. REV. No.253 of 2015 (2) dt.09-12-2015 to raise all the issues of facts and law, which may be available to them, with respect to the lands in question in the aforesaid pending Title Suit."

The order dated 24.09.2015 passed in CWJC No.10823 of 2012 is modified only to that extent. The present review application stands finally disposed of.

(Birendra Prasad Verma, J) Arvind/- U