IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.5 of 2005 VIJAY KUMAR PRASAD Versus THE STATE OF BIHAR & ORS ----------- 7/ 07-01-2009 This petition has been filed for review of order dated 07.10.2004 by which C.W.J.C. No.2397 of 1999 filed on behalf of the petitioner was dismissed on the ground that during the pendency of the writ petition respondent no. 7 had been appointed on the post of Panchayat Sewak. Learned counsel for the petitioner submits that much before the said order, I.A.No. 3847 of 2004 had been filed on behalf of the petitioner on 04.08.2004 for adding a relief of quashing letter no. 503 dated 12.03.2002, as contained in Annexure-C to the counter-affidavit, issued by the Directorate Panchayat Raj, Bihar, Patna ( Respondent no.2) whereby he, without looking into the records of the matter, had upheld the order dated 07.07.1997 (Annexure-8 to the writ petition) passed by respondent no.4 revising its own order being in teeth of the Rules and it suffered from non-consideration of rival contention. By the said order respondent no.7 Sushil Kumar Singh was directed to continue on the post of Dalpati. Although learned counsel for respondent no.7 and learned counsel for the State vehemently oppose contentions of the learned counsel for the petitioner but in view of the aforesaid facts and circumstances of the case, the impugned order dated 07.10.2004 passed in C.W.J.C. No. 2397 of 1999 is hereby 2 reviewed and recalled. Let C.W.J.C.No. 2397 of 1999 be placed before an appropriate Bench dealing with the subject matter of the writ case in admission matter after obtaining due permission from Hon’ble the Chief Justice. In the meantime learned counsel for the petitioner must serve a copy of the interlocutory application filed in the writ case upon learned counsel for respondent no.7 and learned counsel for the State. BTiwary/ ( S.N.Hussain, J )