IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10347 of 2004 1. DEENANATH SINGH S/O YUGESHWAR NARAYAN SINGH, R/O VILL- BADHETA, PS- PARASBIGHA, DISTT- JEHANABAD. 2. SANJAY KUMAR S/O RAMANUJ SHARMA, R/O VILL- EMALIA PS- KAKO, DISTT-JEHANABAD 3. LALAN TIWARI S/O ROOPDHARI TIWARI, R/O VILL- DHODHANADIH PS- KACHAMA, DISTT- ROHTAS 4. ABHAY SHANKAR JHA S/O LATE NARAYAN JHA, R/O VILL-MISHI, PS- BAKHTIYARPUR, DISTT- PATNA.-----PEPTITIONERS Versus 1. THE STATE OF BIHAR THROUGH THE HOME SECY. OLD SECRETARIAT, GOVT. OF BIHAR, PATNA 2. THE HOME SECY. GOVT. OF BIHAR, PATNA 3. THE I.G. PRISON, BIHAR OLD SECRETARIAT, PATNA 4. THE SUPERINTENDENT SPL. CENTRAL JAIL, BHAGALPUR, DISTT- BHAGALPUR------------------------RESPONDENTS. ----------- 6 4.8.2010 Heard learned counsel for the parties. If what has been urged by learned counsel for these petitioners is accepted then it will amount to sitting in appeal and reviewing the order which has already been passed by this Court in the earlier writ application filed by the petitioner. The writ was CWJC No. 9324 of 2001 and the order is dated 22.5.2003. The said order is annexure-16 to the present writ application. Submission of learned counsel is that a total false and misleading statement was made in the counter affidavit in the said writ application that only eight vacancies were left to be filled up and because of that wrong statement that writ application came to be disposed of with a direction to fill up those eight vacant posts in accordance with the merit list. The order contained in annexure 16 had attained finality way back in 2003. Whether the order was passed on misleading statement or by suppressing the fact cannot be looked - 2 - into in a fresh writ application. Petitioners should have filed application for review of that order or could have challenged that order in appeal. Since none of these had been done, the petitioners cannot be allowed to reopen the same issue afresh, which is not permissible in law. This writ application is totally misplaced and it is dismissed. RPS (Ajay Kumar Tripathi,J.)