STATE OF BIHAR Vs. SAKTI CHEMICALS AND FERTILISER LTD

JUDGEMENT

(1.) What happens to be a fait accompli, so far as this Court is concerned, is sought to be reopened by this application on behalf of the State of Bihar. This application under Arts. 226 and 227 of the Constitution seeking modification of order dated 28-4-1987 passed in C.W.J.C. No. 1179 of 1987 (whereby the earlier writ petition was allowed and finally disposed of by this Court), though registered as a separate writ case, is actually a petition for review of the order passed in an earlier writ case, allowing and finally disposing of that case. The learned Advocate General, appearing on behalf of the State, fairly accepts this position and invites this court to treat this application as a review petition and to subject it to the same rigour.

(2.) The order that is sought to be reviewed is dated 28-4-1987 by which this Court finally disposed of C.W.J.C. No. 1179 of 1987 allowing it at the time of admission itself. The order reads as follows:

(3.) It is manifest that this order follows an earlier order passed by this Court in C.W.J.C. No. 3292 of 1983 on the premises that the facts of the two cases were exactly similar. This takes us a step further back in the chain to C.W.J.C. No. 3292 of1983 and its analogous case. It will be apposite, therefore, to begin at the beginning with C.W.J.C. No. 3292 of 1983 and its analogous case.