CENTRAL COALFIELDS LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a petition for review of the judgment and order dated 22.1.2008 passed by the Division Bench in CWJC No. 1258 of 1995R by which the writ petition was dismissed as infructuous, in view of the contention raised at paragraph-2 of the writ petition as also on account of the information furnished by the Counsel for the petitioner.

(2.) This petition has now been filed for review of the aforesaid order, which essentially is in the nature of modification of the order, in the sense that the writ petition was dismissed as infructuous which, according to the averment of the petitioner, should not have been dismissed as infructuous but should have been dismissed on merit in view of the fact that a batch of similar other writ petitions were dismissed on merit wherein reasons were assigned.

(3.) It has, therefore, been submitted by the Counsel for the petitioner that since the writ petitions which were of identical nature and were dismissed on merit, this writ petition also was fit to be dismissed on merit but not as infructuous. It was further submitted that dismissal of the writ petition as infructuous would come in the way of the petitioner to file an appeal before the Supreme Court and as several other appeals are pending before the Supreme Court against the judgment and orders which were passed in the batch of identical writ petitions, the order needs to be modified to the effect that the writ petition should be treated as dismissed on merit.