LAWS(PAT)-1985-4-47

JANG BAHADUR SINGH & ORS. Vs. STATE OF BIHAR & ORS.

Decided On April 23, 1985
Jang Bahadur Singh And Ors. Appellant
V/S
STATE OF BIHAR AND ORS. Respondents

JUDGEMENT

(1.) We had heard a batch of writ applications and disposed them of with certain directions by our judgment and order dated 20.9.1983. Later on 10.10.83 the petitioners filed a fresh application purporting to be under Articles 225and 226of the Constitution for an order in the nature of review of the judgment "and" to correct the patent and palpable error" in the judgment. On the objection taken by the Stamp Reporter the application was converted into one of Civil Review and was listed for admission accordingly.

(2.) Mr.B.C. Ghose, who appeared in support of the application, contended that reliance was wrongly placed by us on the decision in C. W.J.C. No., 1545 of 1977 (Satyabadi Mishra & another v/s. The State of Bihar & ors) and C. W.J.C. No., 2370 of 1977 (Shamsher Singh Rekhi v/s. The State of Bihar & others), was disposed of by a common judgment dated 6.8.1982, the forts of which had no application to the instant cases.

(3.) To a Court question as to how that was a matter for review, Mr. Ghose submitted that he never intended to file the present application as review application but on account of the peremptory order passed by the Bench in view of the office it was so converted.