Patna High CourtC. REV./179/2018dismissed

Ram Naresh Jha @ Naresh Jha v. The State Of Bihar And ORS

2019-01-09Mr. Justice Jyoti Saran,Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.179 of 2018 In Letters Patent Appeal No.938 of 2017 ====================================================== Ram Naresh Jha @ Naresh Jha, son of Late Kapleshwar Jha, resident of village- Bel, P.S. -Bairgenia, District- Sitamarhi. ... ... Appellant- Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Water Resources, Govt. of Bihar, Patna.

2. The Engineer-in-Chief, Department of Water Resources, Government of Bihar, Patna.

3. The Chief Engineer, Department of Water Resources, Samastipur.

4. The Superintending Engineer, Flood control Circle, Khagaria.

5. The Executive Engineer, Flood control Division 1⁄2 , Khagaria.

6. The District Magistrate, Khagaria

7. The Accountant General, Bihar, Patna.

... ... Respondent-Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the Respondent/s :

Mr. Anjani Kumar, AAG 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 09-01-2019 The order under review has been passed in consideration of the judgment of this Court reported in 2014 (4) PLJR 229 (State of Bihar versus Bhagwan Singh). Counsel for the review petitioner relies a judgment reported in 2018 (2) PLJR(SC)284 (Netrum Sahu versus State of Chhattisgarh & Anr.) and according to him the petitioner is entitled to relief in view of the opinions so expressed by the Supreme Court. Even if the petitioner has his reasons to question the opinion of this

Patna High Court C. REV. No.179 of 2018(4) dt.09-01-2019 2/2 Court put under review that has to be raised before an appropriate forum and not by way of review for this Court cannot seat in appeal over its own order.

For the reasons so discussed, the review application is dismissed with liberty to the petitioner to take recourse to the appropriate remedy.

(Jyoti Saran, J) ( Nilu Agrawal, J) Bibhash/Ranveer U