IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.268 of 2009 HARI KISHORE PRASAD SINHA Versus THE BIHAR STATE HOUSING BOARD ----------- 3. 06.04.2010 Heard learned counsel for the petitioner and perused the order under review. On behalf of the petitioner, it has been submitted that dismissal of Special Leave Petition and thereafter, another petition before the Supreme Court will not constitute a bar in entertaining this review petition because it is well established in law that unless leave is granted and appeal is considered on merits, there is no merger of the order of the High Court with that of the Supreme Court. There is no dispute with the aforesaid proposition of law but on facts, we do not see any reason apparent on the record which may warrant exercise of power of review. According to the learned counsel for the petitioner there were many materials relevant for deciding the controversy whether extra land allotted to the private respondent was over sewerage line or not. We are of the considered view that such dispute which arises on facts could not have been decided by the Writ Court at the first instance. Secondly we find that the enquiry into the allegations made by the petitioner was held under the authority of the Managing - 2 - Director of the Board and he after considering the relevant materials came to a definite conclusion that the land allotted to the private respondent did not pass over the sewerage line. The issue being canvassed is essentially an issue of fact and it is not possible to come to a definite finding than what has been given in the earlier order under review. Hence, we have no option but to dismiss the review application. (Shiva Kirti Singh, J.) (C.M. Prasad, J.) Ravi/-