STATE OF BIHAR Vs. JETHMULL BHOJRAJ

JUDGEMENT

(1.) By this application under Article 226 of the Constitution of India, the State of Bihar and its Officers seek review of my judgment and order dated 25 -9 -1995 in C.W.J.C. No. 2570 of 1995 (R) whereby and whereunder the writ application filed by M/s. Jethmull Bhojraj was allowed and consequently, a writ of mandamus was issued upon the present petitioners, who were respondents in the writ petition to enter the name of the writ petitioner in the Zamabandi records of right and opening of a demand and showing the Government of Sikkim a mortgagee in possession over the land, which was subject -matter of the writ application.

(2.) The writ application was disposed of at the admission stage itself after hearing the counsel for the petitioner and Government Pleader, who represented the State of Bihar. The writ application was disposed of on the basis of certain facts which could not be disputed in view of decision of the Division Bench of this Court in C.W.J.C. Nos. 434 & 435 of 1966 dated 14 -10 -1966 (Jethmull Bhojraj v. State of Bihar) , which was affirmed by Hon'ble Supreme Court in .

(3.) The main grievance of the petitioners in this review application is that no opportunity was afforded to them to seek instruction and file counter -affidavit. It was contended by the learned Advocate -General appearing on behalf of the petitioners that had an opportunity been given to the State to file counter -affidavit, the result would have been different and the writ petitioner obtained favourable order by suppressing material fact and misleading the Court. So far as this plea is concerned, in my opinion, there is no merit. Counsel for the State did not seek adjournment for filing counter -affidavit and if any prayer was made, certainly opportunity would have been given to file counter -affidavit. The matter was capable of being disposed of on the materials produced by the writ petitioner and in view of the decision of the Division Bench of this Court (supra) finally setting at rest the controversy between the parties.