- (1.) Heard the parties. This appeal is directed against the judgment and order dated 22.1.2010 passed in W.P. (C ) No. 3663 of 2004 whereby the learned Single Judge dismissed the writ petition. For better appreciation, the impugned judgment is quoted herein below: "Learned counsel for the petitioner acknowledges the fact that the petitioner had earlier filed a writ application before the Patna High Court against the same order which has been impugned in the present writ application and the earlier writ application was dismissed on merits. Learned counsel however argues that after the bifurcation of the State of Bihar and formation of this Court, the order of the Patna High Court passed in the petitioner's writ application, may not be considered as binding upon this Court. Learned counsel for the respondent State of Bihar objects to such submission on the ground that the adjudication on the disputed issue has already been made by the competent Court and the petitioner cannot raise the same issue before this Bench. If at all the petitioner was aggrieved by the judgement passed in the earlier writ application, he would have preferred an appeal against the same or at least a review application.
(2.) I am inclined to accept the submission of the learned counsel for the respondent State of Bihar. The decision taken by the Patna High Court on the issue raised by the petitioner has attained finality and the same could have been set aside only either in appeal or the same could have been modified by the same Court upon a review being filed.
(3.) In the light of the submissions, this application is dismissed. The petitioner shall however be at liberty to take recourse to appropriate remedial measures, if he is aggrieved by the orders of the Court passed in the earlier writ application.";