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Bhuneshwar Prasad Chaudhary vs The State Of Bihar & Ors on 11 July, 2014

Bench: Chief Justice, Ashwani Kumar Singh

   IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Civil Review No.1 of 2014
                                      In
                   Letters Patent Appeal No. 1989 of 2011
                                      In
              Civil Writ Jurisdiction Case No.12348 of 2011
======================================================
Bhuneshwar Prasad Chaudhary, son of Late Mana Chaudhary, Resident of
Village- Jethuai, P.O- Hajipur, P.S- Industrial Ara, Hajipur, District-
Vaishali.
                               .... .... Petitioner-Respondent no.7- Petitioner
                                   Versus
1. The State of Bihar through the District Magistrate, Hajipur, Vaishali.
2. The Sub- Divisional Magistrate, Hajipur, Vaishali.
3. The Circle Officer, Hajipur, Vaishali.
4. The Circle Inspector, Hajipur, Vaishali.
5. The Revenue Clerk, Hajipur, Vaishali.
6. The Anchal Amin, Hajipur, Vaishali.
                       ... ... Respondents-Respondents-Opposite Party 1st Set.
7. Pramila Devi, wife of Ram Lagan Singh, resident of Village- Jethuai,
P.O- Hajipur, P.S- Industrial Area, Hajipur, District- Vaishali.
                  .... ....Respondent No.7-Appellant- Opposite Party 2nd Set.
======================================================
Appearance :
For the Petitioner/s      :   Mr. Binod Kumar Singh, Advocate
For the Respondent-State:     Mr. Avnish Nandan Sinha, G.P.XI
For the respondent no.7 :     Mr. Manoj Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
            And
            HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
           Patna High Court C. REV. No.1 of 2014 (5) dt.11-07-2014

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5       11-07-2014

This Petition for review has been filed by the respondent no.7 in Letters Patent Appeal No.1989 of 2011 for review of the order dated 5th December 2013 made by this Court.

The review has been sought on the ground that the order dated 5th December 2013 has been obtained by the respondent no.7-appellant by misrepresentation.

We see no merit in the contention raised before us. The order made by the learned single Judge was set aside on the ground that it was made ex parte against the respondent no.7. It is not in dispute that the respondent no.7 was not noticed/ heard in the writ petition and the order was indeed made ex parte.

Learned advocate Mr. Binod Kumar Singh has appeared for the review petitioner. He has vehemently submitted that although the order was made ex parte it was not against the respondent no.7.

We see no merit in this Petition. Although the appellant was impleaded in the writ petition as respondent no.7, indisputably he was not issued notice nor he had an opportunity to appear before the learned single Judge.

No ground for review is made out. Review Petition is summarily rejected.

(R.M. Doshit, CJ) (Ashwani Kumar Singh, J) Sunil/-

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