REGENT COMPUTRONICS PVT. LTD.

The Bihar State Of Electricity Board Now South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna Through Its Chairman Now Managing Director Appellant

V/S

Amitabh Sinha Son Of Shri Akhauri Harshvardhan Sinha, Managing Director, M/S Harsh Advance Diagnostic And Research Pvt. Ltd Basement, Kumar Tower, Boring Road, Patna Respondents

Referred Judgements :-

CHITAWAN V. MAHBOOB ILAHI [REFERRED TO]
DEEPAK THANWARDAS BALWANI V. STATE OF MAHARASHTRA [REFERRED TO]
HABU V. STATE OF RAJASTHAN [REFERRED TO]
MOSMAT SWARAN V. STATE OF BIHAR [REFERRED TO]
RAJAN KUMAR MACHANANDA V. STATE OF KARNATAKA [REFERRED TO]
RAMESHCHANDRA NANDLAL PARIKH V. STATE OF GUJARAT [REFERRED TO]
SHIVDEO SINGH VS. STATE OF PUNJAB [REFERRED TO]
SWARTH MAHTO VS. DHARMDEO NARAIN SINGH [REFERRED TO]
KURUKSHETRA UNIVERSITY VS. STATE OF HARYANA [REFERRED TO]
JOSEPH PETER VS. STATE OF GOA DAMAN AND DIV [REFERRED TO]
MAKKAPATI NAGASWARA SASTRI VS. S S SATYANARAYAN [REFERRED TO]
SOORAJ DEVI VS. PYARE LAL [REFERRED TO]
LALIT MOHAN MONDAL VS. BENOYENDRA NATH CHATTERJEE [REFERRED TO]
DIVISIONAL FOREST OFFICER VS. GV SUDHAKAR RAO [REFERRED TO]
COLLECTOR OF CUSTOMS BOMBAY VS. BHOR INDUSTRIES LIMITED [REFERRED TO]
SIMRIKHIA VS. DOLLEY MUKHERJEE AND CHHABI MUKHERJEE [REFERRED TO]
JANATA DAL VS. H.S.CHOWDHARY [REFERRED TO]
MOTI LAL VS. STATE OF MADHYA PRADESH [REFERRED TO]
HARI SINGH MANN VS. HARBHAJAN SINGH BAJWA [REFERRED TO]
STATE OF KERALA VS. M M MANIKANTAN NAIR [REFERRED TO]
STATE OF WEST BENGAL VS. SUJIT KUMAR RANA [REFERRED TO]
GANGADHAR JANARDAN MHATRE VS. STATE OF MAHARASHTRA [REFERRED TO]
POPULAR MUTHIAH VS. STATE [REFERRED TO]
CHHANNI VS. STATE OF UTTAR PRADESH [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. RAVI SHANKAR SRIVASTAVA IAS [REFERRED TO]
INDER MOHAN GOSWAMI VS. STATE OF UTTARANCHAL [REFERRED TO]
DIVINE RETREAT CENTRE VS. STATE OF KERALA [REFERRED TO]
PANKAJ KUMAR VS. STATE OF MAHARASHTRA [REFERRED TO]
STATE VS. K V RAJENDRAN [REFERRED TO]
RAM SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
VISHNU AGARWAL VS. STATE OF U P [REFERRED TO]
EXECUTIVE ENGINEER VS. SRI SEETARAM RICE MIL [REFERRED TO]
STATE OF PUNJAB VS. DAVINDER PAL SINGH BHULLAR [REFERRED TO]
SUNIL KUMAR VS. STATE OF HARYANA [REFERRED TO]

JUDGEMENT

(1.) After an interval of so many years of disposal of Cr.WJC No.37/2012 vide order dated 19.07.2012 for which no appeal was preferred, instant petition has been filed to review the order dated 19.07.2012 on the plea that the Division Bench decision of this Court reported in Mosmat Swaran Vs. State of Bihar as reported in 2012(2) PLJR 229 has not been considered which is also based upon 2012(2) SCC 108 (Executive Engineer, Southern Electricity Supply Company of Orissa Limited (Southco) & Anr. Vs. Sri Sitaram Rice Mill) which also happens to be sheet-anchor of the order impugned.

(2.) At the time of hearing on the point of admission when a query was made with regard to maintainability of the instant petition, learned counsel for the petitioner has submitted that the power so invoked by this Court while disposing of the Cr.W.J.C. was under article 226 of the Constitution and so, be categorized under different nomenclature is not going to cloud the power vested under Art. 226 of the Constitution and that being so, review is permissible in terms of Sec. 114 as well as Order 47 of the CPC, though not specifically embedded under constitution itself. Accordingly, instant review petition is permissible. To substantiate the same, learned counsel for the petitioner also relied upon AIR 1963 SC 1909 (Shivdeo Singh & Ors Vs. State of Punjab & Ors), AIR 1988 SC 1351 (Collector of Customs, Bombay, Appellant Vs. Bhor Industries Ltd., Respondent.).

(3.) The Court has to function as per assigned roaster entrusted by Honourable the Chief Justice, having primacy over the same. Nomenclature of the petition is accordingly identified as well as categorized. So far Patna High Court is concerned, the writ petition is bifurcated in two parts, CWJC as well as CrWJC in terms categorization under Patna High Court Rules, Chapter XXI-C(3) which speaks as follows:-

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Referred Judgements :-

JUDGEMENT

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