IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.201 of 2009 NAND KISHORE VERMA, son of late Gajadhar Lal, resident of Mohalla Quilla P.S. Bettiah Town, District West Champaran, at Bettiah, at present posted as Accounts Clerk in the Western Koshi Canal Division, Piprahi at Nirmali in the district of Supaul … Petitioner Versus 1. THE STATE OF BIHAR through Commissioner cum Secretary Water Resources Department, Govt. of Bihar, Sichai Bhawan, Secretariat, Patna 2. The Chief Engineer, Water Resources Department, Darbhanga District Darbhanga 3. The Superintending Engineer, Western Koshi Canal Circle, Nirmali District Supaul 4. The Executive Engineer, Western Koshi Canal Division Piprahi at Nirmali, District Supaul … Respondents/O.Ps. with C. REV. No.283 of 2009 BASUDEO PRASAD SINHA, son of late Banarsi Lal, resident of village Bhaidsera, P.O. and P.S. Tarari, District Bhojpur at Arrah, at present posted as Correspondence Clerk in the Western Koshi, Canal Division, Piparahi at Nirmali in the district of Supaul … Petitioner Versus 1. THE STATE OF BIHAR, through Commissioner cum Secretary Water Resources Department, Govt. of Bihar, Sichai Bhawan, Secretariat, Patna 2. The Chief Engineer, Water Resources Department, Darbhanga District Darbhanga 3. The Superintending Engineer, Western Koshi Canal Circle, Nirmali District Supaul 4. The Executive Engineer, Western Koshi Canal Division Piprahi at Nirmali, District Supaul … Respondents/O.Ps. ----------- 7. 17.3.2011 Heard Mr. Dhirendra Kumar, learned counsel for the petitioner and the learned counsel for the State. Mr. Kumar would submit that it was only on account of his non-appearance that it could not be pointed out that the case of 2 the petitioner of C.W.J.C.No. 760/2000 and C.W.J.C.No. 761/2000 could not be placed pointing out that the judgment of the Full Bench dated 28.9.2007 in C.W.J.C.No. 4177/1995, since reported in 2007(4) PLJR 259, will not cover his case and as such, the view recorded by this Court on 2.7.2009 dismissing the writ petitions seems to be an apparent error on the face of record. While this Court would not like to make any final determination on the issue of applicability of the judgment of the Full Bench reported in 2007(4) PLJR 259 but then this much is clear that in view of the earlier order dated 7.2.2001 passed in both the writ petitions, the two writ petitions were awaiting disposal of Full Bench case, C.W.J.C.No. 4177/1995. As the counsel for the petitioner on the relevant day i.e. 2.7.2009 was not present and this Court had found from the records that not only there was an order dated 7.2.2001 as with regard to similarity of the two cases with the pending Full Bench case but there was no appearance on behalf of the petitioners it had gone to pass the same order in view of 3 Surendra/ law laid down by the Full Bench. As the matter would now require rehearing as to whether the case of the petitioner was covered by the judgment of the Full Bench and whether the earlier view taken by the learned Single Judge in the order dated 7.2.2001 was correct, this Court would deem it expedient in the ends of justice to recall the order dated 2.7.2009 and direct for a fresh hearing of these two writ petitions. Accordingly, the order dated 2.7.2009 passed in both the writ petitions, C.W.J.C.No. 760/2000 and C.W.J.C.No. 761/2000 is hereby recalled. Let the office now place these two writ petitions for hearing in admission matter before an appropriate Bench having the roaster of the subject in question. It is made clear that the two writ petitions shall no longer be treated as a tied up matter. In the result, both the review applications to the extent indicated above are allowed. (Mihir Kumar Jha,J.) 4