Sharda Prasad Rai And Ors. vs State Of Bihar And Ors. on 20 May, 1983
In the case of Bidyut Kumar Ganguli v. State of Bihar, 1980 BBCJ (HC) 476: (AIR 1981 NOC 69), to which I was also a party, a proceeding under Section 4 (h) of the Act was sought to be started again and again though the matter had been finally decided and the State never preferred an appeal after the adverse order was passed against them. It has been held that all the orders were appealable and since no appeal was preferred by the State and, therefore, the order became final which applies equally to the private individual and State and in that view of the matter, the State was not competent to reopen the matter and the order initiating the proceeding was set aside which amounted to be the abuse of the process of the Court I may also refer to a decision in the case of Chaudhary Sahu (dead) by LRs. v. State of Bihar (AIR 1982 SC 98) where it has been held that if the State does not prefer an appeal it becomes final so far as the State is concerned. There is another aspect of the matter which cannot be lost sight of, State having not preferred any appeal, if again allowed to reopen the matter, this will amount to doing a thing indirectly which cannot be done directly.