STATE OF JHARKHAND Vs. BHAWNEET SINGH

JUDGEMENT

(1.) THIS application is for a review of the judgment of this Court dated 1.10.2002 allowing the Letter Patent Appeal, filed by the appellant against the judgment dated 16.7.2002 rendered in WP (C) No. 3072 of 2002.

(2.) THE main ground for review sought to be put forward is that the Member, Board of Revenue is having wide powers under Section 6 of Bihar and Orissa and Revenue Act, 1913 to review his own orders and this provision was not referred to or dealt with by this Court in the judgment dated 1.10.2002. Of course, it does not appear that the said section was brought to the notice of the Court by counsel appearing in the case, when the case was argued. This Court had proceeded in the judgment as if there was no power of review in the Board of Revenue under the Bihar Excise Act, 1915. But since it is seen that under Section 6 of the Bihar and Orissa Board of Revenue Act, 1913 there is a power of review, it can be said that there is an error apparent on the face of the record of the judgment. Of course, the error as pointed out, occurred in the judgment since the counsel for the State failed to bring that provision to the notice of the Court earlier.

(3.) THE Registry will communicate this direction to the Board of Revenue forthwith. Post this Appeal on 17.10.2003 along with Cont. (Civil) No. 192 of 2003 at 2.15 p.m.