Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No.466 of 2011 In Civil Writ Jurisdiction Case No. 8245 of 2011 ====================================================== Raj Kishore Singh son of Sri Ram Ekbal Singh resident of village Abhirajpur P.S. Baria, Sitamarhi, at present posted as “Anusewak” Land Development Bank Branch Sitamarhi .... .... Petitioner/s Versus 1. The State Of Bihar though the Secretary Co-operative Department, New Secretariat, Patna-1 2. The Managing Director, Bihar State Co-operative Land Development Bank, Budh Marg, Patna-1 .... .... Respondent/s ====================================================== With Civil Review No.467 of 2011 IN Civil Writ Jurisdiction Case No. 7862 of 2011 ====================================================== Satyendra Narayan Singh son of Sri Bindeshwar Prasad Singh resident of village Sonakhan P.O. Mathurapur,P.S. Bairgania, Sitamarhi .... .... Petitioner/s Versus 1. The State Of Bihar through the Secretary, Co-operative Department, New Secretariat, Patna-1 2. The Managing Director, Bihar State Co-operative Land Development Bank, Budh Marg, Patna 1
Legal Reasoning
.... .... Respondent/s ====================================================== With Civil Review No.468 of 2011 IN Civil Writ Jurisdiction Case No. 7920 of 2011 ====================================================== Sri Narayan Singh son of Bindeshwari Prasad Singh resident of village Singhwahini P.S. Sitamarhi, Versus 1. The State Of Bihar through the Secretary Co-operative Department, New Secretariat, Patna 2. The Managing Director, Bihar State Co-operative Land Development Bank Budh Margh Patna .... .... Petitioner/s .... .... Respondent/s ====================================================== With Civil Review No.469 of 2011 IN Civil Writ Jurisdiction Case No. 7823 of 2011 ====================================================== 2 Patna High Court C. REV. No.466 of 2011 (5) dt.13-02-2013 2 / 5 Chandra Kishore Singh son of Late Ram Fal Singh, resident of village Ranipatti P.S. Rajepur, East Champaran at present posted as „Anusewak‟ Land Development Bank Branch pupari, Sitamarhi .... .... Petitioner/s Versus 1. The State Of Bihar through the Secretary Co-operative Department New Secretariat Patna 2. The Managing Director, Bihar State Co-operative Land Development Bank Budh Margh Patna .... .... Respondent/s ====================================================== With Civil Review No.470 of 2011 IN Civil Writ Jurisdiction Case No. 7916 of 2011 ====================================================== Hari Narayan Singh son of Bindeshwari Prasad Singh resident of village Singhwahini P.S. Sitamarhi, at present posted as Field Officer, Land Development Bank Branch, Rigga, Sitamarhi Versus 1. The State Of Bihar through the Secretary, Co-operative Department, New Secretariat Patna 2. The Managing Director Bihar State Co-operative Land Development Bank Budh Marg Patna .... .... Petitioner/s .... .... Respondent/s ====================================================== With Civil Review No.471 of 2011 IN Civil Writ Jurisdiction Case No. 7816 of 2011 ====================================================== Kapil Deo Singh S/O Late Chandra Krishna Singh R/O Village – Ranipatti, P.S. Rajapur, East Champaran Versus 1. The State Of Bihar, Through the Secretary, Co - Operative Department, New Secretariat, Patna - 1 2. The Managing Director, Bihar State Co - Operative Land Development Bank, Budh Marg, Patna - 1 .... .... Petitioner/s .... .... Respondent/s ====================================================== With Civil Review No.472 of 2011 IN Civil Writ Jurisdiction Case No. 7848 of 2011 ====================================================== Shatrughan Singh son of Late Ramadhar Singh resident of village Chaitha 3 Patna High Court C. REV. No.466 of 2011 (5) dt.13-02-2013 3 / 5 P.S. Chaitha, East Champaran at present posted as Branch Manager, Land Development Bank Branch Rigga, Sitamarhi Versus 1. The State Of Bihar through the Secretary Co-operative Department New Secretariat, Patna 2. The Managing Director Bihar State Co-operative Land Development Bank Budh Marg Patna .... .... Petitioner/s .... .... Respondent/s ====================================================== Appearance: (In C. REV. No.466 of 2011) For the Petitioner/s : Mr. Kamal Kishore Mishra For the Respondent/s : Mr. Manoj Priaydarshi SC-17 (In C. REV. No.467 of 2011) For the Petitioner/s : Mr. Kamal Kishore Mishra For the Respondent/s : Mr. Shail Kumari SC-15 (In C. REV. No.468 of 2011) For the Petitioner/s : Mr. Kamal Kishore Mishra For the Respondent/s : Mr. H.P. Gupta SC-16 (In C. REV. No.469 of 2011) For the Petitioner/s : Mr. Kamal Kishore Mishra For the Respondent/s : Mr. Abhay Shankar Jha SC-14 (In C. REV. No.470 of 2011) For the Petitioner/s : Mr. Kamal Kishore Mishra For the Respondent/s : Mr. Jaishankar Barnwal SC-1 (In C. REV. No.471 of 2011) For the Petitioner/s : Mr. Kamal Kishore Mishra For the Respondent/s : Mr. S.A. Alam SC-3 (In C. REV. No.472 of 2011) For the Petitioner/s : Mr. Kamal Kishore Mishra For the Respondent/s : Mr. Ravindra Kr Choudhary SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL CAV ORDER 5 13-02-2013 Heard Mr. K. K. Mishra, learned counsel for the petitioners and counsel for the Bank. The batch of writ petitions being CWJC No. 7815 of
Decision
2011 and analogous matters were considered and disposed of by common order dated 21.07.2011. The petitioners thereof have filed the present batch of civil review applications seeking 4 Patna High Court C. REV. No.466 of 2011 (5) dt.13-02-2013 4 / 5 review of the said order. Mr. Mishra learned counsel appearing in support of the application(s) submits that while passing the said order this Court relying on an order passed by a bench of this Court disposed of the application in the following manner:- “In view of the fact that the stand of the Bank has already got approval of this Court in the case referred to above (Annexure-C), this Court refrains from passing any positive direction upon the respondents to pay salary as prayed for in the present batch of writ petitions. However, this Court observes that that Bank would pursue the matter, no sooner compensation amount/fund is made available to the Bank, the petitioners shall be paid their due salary in accordance with law and the scheme formulated by the Bank. If any fund, in the meanwhile, is received by the Bank, it will be open to the respondent to approach petitioners Managing Director for payment of their salary.” the Mr. Mishra submits that aforesaid stand of the Bank is not borne out from the order contained in annexure-2 wherefrom it would appear that the claim of the Bank for compensation against waiver of loan or making available the required fund was considered and rejected by the government. Learned counsel for the opposite party, on the other, submits that from bare perusal of the said order it would appear 5 Patna High Court C. REV. No.466 of 2011 (5) dt.13-02-2013 5 / 5 that a writ petition being CWJC No. 1730 of 2010 was filed by the Bank (opposite party) for realization of a sum of Rs. 570.79 cores. He informs the Court that the said application has been disposed of and the Bank has been permitted to raise the issue before the Arbitrator. This Court in the light of the facts brought on record by the parties, disposed of the said writ petition in the manner set out hereinabove. Be that as it may, considering the narrow confines of the jurisdiction invoked and materials on record, this Court is not satisfied that a case for review of the order dated 21.7.2011 is made out. These applications seeking review are hereby dismissed. (Kishore Kumar Mandal, J) HR/-