Nagina Paswan And ORS v. Ramjee Prasad Sharma And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.222 of 2016 ===========================================================

1. Nagina Paswan Son of Late Fakhu Paswan.

2. Maheshwar Prasad Son of Late Pachu Paswan.

3. Shyamu Paswan Son of Late Pachu Paswan.

4. Vijay Ram @ Babu Saheb, Son of Ramdhyan Raman. All Resident of Village- Korgi Mohammadpur, P.O. & P.S.-Phulwari Sharif, district-Patna PIN CODE-801505.

.... .... Petitioners

Versus

1. Ramjee Prasad Sharma Son of Late Raksha Prasad Sharma @ Raksha Singh Resident of Village-Korgi Mohammadpur, P.O. & P.S.-Phulwari Sharif District-Patna, PIN CODE-801505 (Original writ petitioner Raksha Prasad Sharma @ Raksha Singh) already died he is son (legal heir of the original petitioner).

2. Prema Devi Wife of Rajesh Kumar daughter of Late Raksha Prasad Sharma @ Raksha Singh Resident of Village-Nagma, P.S.-Naubatpur, District-Patna. (Original writ petitioner Raksha Prasad Sharma @ Raksha Singh already died she is daughter , legal heir of the original petitioner.

3. The State of Bihar through Collector, Patna.

4. D.C.L.R., Patna Sadar Collectorate Compound Patna.

5. Additional District Magistrate, (Revenue), Collectorate Compound , Patna.

6. The C.O. Phulwari Sharif Anchal Phulwari Sharif, P.S.- Phulwari Sharif, District-Patna.

7. Subhago Devi Wife of Late Ram Chandra Ram .

8. Ramji Paswan Son of Late Naresh Paswan.

Both residents of village- Korgi, P.S.-Phulwari Sharif, District-Patna.

9. Most. Sakila Devi, Wife of Late Ram Lagan Ram.

10. Jethan Ram, Son of Late Ram Dhyan Ram.

11. Ram Ekbal Paswan, Son of Late Rajgir Paswan. Opposite party nos. 9 to 11 are residents of Village- Korgi, Mohammadpur, Police Station-Phulwari Sharif, District-Patna.

12. Bhola Paswan, Son of Late Husain Paswan.

13. Shankar Paswan, son of Late Feku Paswan.

Patna High Court C. REV. No.222 of 2016 dt.17-08-2016 Opposite party nos. 12 to 13 are residents of Village- Korgi Mohammadpur, Police Station-Phulwari Sharif, District-Patna. .... .... Opposite Parties.

=========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Singh, Adv. For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 17-08-2016 Heard learned counsel for the petitioners in this review petition.

This review application has been filed praying for review of the order dated 14.12.2015 passed in C.W.J.C. No. 2905 of 2013. In paragraph-1 of the review application it has been stated as follows:- "....This application is being filed for review of the order dated 14.12.2015 passed in C.W.J.C. No. 2905 of 2013 by this Court whereby and whereunder the said writ application was allowed which is bad in law, illegal and unsustainable in the eye of law......"

During the course of submission, learned counsel for the petitioners has failed to persuade this Court to take the view that the review application is maintainable. However, learned counsel for the petitioners has submitted that the petitioners will be deprived of his right to place his case before the learned court below. This is the only ground for review which has been pressed by the learned counsel for the petitioner in his submissions.

Patna High Court C. REV. No.222 of 2016 dt.17-08-2016 There is well settled distinction between the jurisdiction under review and an appeal and a prayer for review of an order cannot be made in disguise of an appeal. It has not been submitted on behalf of the petitioners that there is any error apparent on the face of record or any other sufficient reason due to which the review of the order dated 14.12.2015 is expedient.

As such, this Court finds that there is no merit in this review application and the same is dismissed, accordingly. (V. Nath, J) Devendra/- U