LAWS(PAT)-2022-11-48

ADYA NAND PRASAD GUPTA Vs. STATE OF BIHAR

Decided On November 16, 2022
Adya Nand Prasad Gupta Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The sole petitioner has preferred the present application seeking review of order dtd. 14/11/2017 passed by this Court in CWJC No. 16224 of 2016 filed under Article 226 of the Constitution of India. In the writ petition, which was filed on 23/9/2016, the petitioner had prayed for following reliefs :-

(2.) It is apparent from the order under review dtd. 14/11/2017 that the writ petition was disposed of as having become infructuous upon production of National Trade Certificate (NTC) issued in favour of the petitioner on 9/11/2017. The petitioner thereafter preferred an appeal under the Letter Patent of this Court giving rise to LPA No. 1746 of 2017, putting to challenge the said order dtd. 14/11/2017. A Division Bench of this Court passed the following order on 7/1/2020 in LPA No. 1746 of 2020 :- "The present memorandum of appeal is directed against the order dtd. 14/11/2017 passed in CWJC No. 16224 of 2016 by the learned Single Judge whereby the writ petition was disposed of as having become infructuous. In so far as the limitation is concerned, the period for which the appellant has been pursuing the present appeal shall not be counted for the purposes of limitation. We find that the issue raised in the present appeal has not been considered by the learned Single Judge. As such, in our considered view, the appellant must avail the remedy by way of review petition. The appeal stands disposed of."

(3.) Apparently, in the light of this Court's observation in the said order dtd. 7/1/2020, the petitioner has filed the present review application seeking review of the order dtd. 14/11/2017, passed in CWJC No. 16224 of 2016.