LAWS(PAT)-2017-1-11

MAHANTH RAM KINKAR DAS Vs. STATE OF BIHAR

Decided On January 17, 2017
Mahanth Ram Kinkar Das Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ application has been placed before this Bench in view of the order passed by the Division Bench of this Court on 20th of Feb., 1988 wherein, the correctness of Full Bench judgment of this Court in the case reported as Rita Mishra and others Vs. Director, Primary Education, Bihar & Ors., 1987 PLJR 1090 was doubted.

(3.) In Rita Mishra's case, the earlier Division Bench judgment reported as Kishori Singh Vs. The State of Bihar & Ors, A.I.R. 1985 Patna 298 was relied upon to hold that a second petition on similar facts in respect of the same cause of action by the same party would not be maintainable. The view of the Full Bench was doubted and consequently the matter has been placed before this Bench.