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Patna High CourtC. REV./338/2024dismissed

Krishna Paswan v. The State Of Bihar

2026-04-10Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.338 of 2024 In Civil Writ Jurisdiction Case No.4313 of 2017 ====================================================== Krishna Paswan Son of Late Janakdhari Paswan Resident of Village -Hardasbigha, P.S. Khusrupur, District-Patna. ... ... Petitioner

Versus

1.

The State of Bihar through the Collector, Patna. 2.

The Collector, Patna.

3.

The Deputy Collector, Land Reforms (D.C.L.R.), Patna City. 4.

The Circle Officer, Khusrupur, Patna.

5.

Mahendra Paswan Son of Ramyad Das Resident of Village-Hardasbigha, P.S. Khusrupur, P.S. Baikathpur District-Patna. 6.

Bhushan Paswan @ Shashi Bhushan Paswan S/o Mahendra Paswan Resident of Village-Hardasbigha, P.S. Khusrupur, P.S. Baikathpur DistrictPatna. 7.

Nagina Paswan Son of Late Ramsharan Paswan Resident of VillageHardasbigha, P.S. Khusrupur, P.S. Baikathpur District-Patna. 8.

Sunil Paswan Son of Late Jagan Paswan Resident of Village-Hardasbigha, P.S. Khusrupur, P.S. Baikathpur District-Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2026 Heard learned counsel for the parties.

2. In the instant application, the petitioner has prayed for the following relief(s) as stated in para - 1 of the application: "1) That this is an application for review / recall of order dated 26.09.2024 passed by Hon'ble Mr. Justice Rudra Prakash Mishra in C.W.J.C. No. 4313 of 2017 in which the petitioner

Patna High Court C. REV. No.338 of 2024(3) dt.10-04-2026 2/3 was made respondent no. 6 Hon'ble Justice set aside the order dated 11.09.2015 passed by learned D.C.L.R. Patna City, Respondent No.3 and subsequent order passed by the Circle Officer, Khusrupur, Respondent No. 4. Dated 14.09.2016 observing there in that both The aforesaid orders are without jurisdiction and remanded back to the D.C.L.R. Respondent No.3 to pass a fresh reasoned and speaking order in accordance with law. And disposed of the writ application."

3. Learned counsel for the petitioner submits that order dated 26.09.2024 was passed without hearing the petitioner (Respondent No. 6 in C.W.J.C. No. 4313 of 2017). He further submits that notice was not served upon the petitioner, therefore, he did not appear before this Hon'ble Court either in person or through his lawyer. He further submits that the aforesaid order was passed in his absence and petitioner was not aware of the same and it amounts to the violation of natural justice.

4. Having heard the submission of the learned counsel for the petitioner and on perusing the record, it appears that in C.W.J.C. No. 4313 of 2017, the notice was validly served to all

Patna High Court C. REV. No.338 of 2024(3) dt.10-04-2026 3/3 the private respondents, including Respondent No.6 (petitioner herein) to appear before the Court and after hearing both the parties, order dated 11.09.2015 passed by DCLR (Respondent No.3) and the subsequent order passed by the C.O (Respondent No. 4) dated 14.09.2016 were set aside and the matter was remanded back to the DCLR (Respondent No. 3) to pass a fresh reasoned and speaking order in accordance with law after giving opportunity of hearing to both the parties.

5. In view of the above, this Court finds no merit in the Review Application filed by the petitioner. Accordingly, the present Civil Review No. 338 of 2024 stands dismissed. (Rudra Prakash Mishra, J) manish/- U