Patna High Court MJC No.600 of 2008 (17) dt.19-02-2014 IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.600 of 2008 ====================================================== Nitya Nand Mishra .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.2652 of 2008 ====================================================== Umeshwar Singh & Ors .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== with Civil Review No.463 of 2013 IN Civil Writ Jurisdiction Case No. 16107 of 2004 ====================================================== 1. Sanjiv Kumar Singh Son Of Sri Harendra Prasad Singh R/O Village Rampur Kumhar Kol, P.S. Deshari, Distt Vaishali At Present Resident Of C/O Shri Dayanand Singh, R/O Bhaura, P.S. M Adhubani, District Madhubani .... .... Petitioner/s Versus 1. The State Of Bihar , Through The Chief Secretary, Govt Of Bihar, Patna Null Null 2. The Commissioner, Darbhanga Range, Darbhanga 3. The District Magistrate Cum Collector, Madhubani 4. The Deputy Collector (Establishment), Madhubani 5. Shri Prabhakar Thakur Son Of Shri Narayan Thakur R/O Village Bhauwara, Ward No 21, District Madhubani 6. Ram Ashish Das Son Of Late Vidyanand Lal Das R/O Bhauara, District- Madhubani 7. Smt Chandrakala Devi Wife Of Raj Kumar Singh R/O Village Sukki, P.O. Khajauli, District Madhubani 8. Phool Chand Oraon, Son Of Angnu Oraon R/O Block Colony, Jainagr, District Madhubani 9. Mohan Sufi Son Of Subey Lal Safi R/O Village Mahrail, Andhrathadi, District Madhubani 10. Shiv Nandan Ram Son Of Shri Baldeo Ram R/O Subdivisional Office At Jhanjharpur, District Madhubani 11. Nanda Paswan Son Of Swaroop Paswan R/O Bhawanipur, P.O. Bhatsimhar, Via Rajnagar, District Madhubani 12. Pulinder Safi Son Of Susai Safi R/O Village And Po Mahrail, Andhrathadhi, District Madhubani 13. Madan Paswan Son Of Ram Chander Paswan R/O Village Balbhadrapur, P.O. Jhanjharpur, District Madhubani Patna High Court MJC No.600 of 2008 (17) dt.19-02-2014 14. Umesh Paswan Son Of Mahanth Paswan R/O Village Fatepur, P.O. Basam, District Madhubani 15. Mahendra Paswan Son Of Surat Paswan R/O Village Dhanushi, P.O. Jagatpur, District Madhubani 16. Shiv Kumar Paswan Son Of Tanuk Paswan R/O Village And Po- Kachhvi Via Tamuria, District Madhubani 17. Madan Safi Son Of Sahdeo Safi R/O Village And Po - Kotwali Chowk, Bhauara, District Madhubani 18. Krishna Dev Ram Son Of Uttim Mochi R/O Village And Po Bahauarwa Via Manigachi District Madhubani 19. Baney Lal Ram Son Of Baldeo Am R/O Village Sakularahi, Po Lohna Road, District Madhubani 20. Kusheshwar Safi Son Of Kari Safi R/O Villagelaxmipur, P.O. Datwar, District Madhubani 21. Sonfi Paswan Son Of Rameshwar Paswan R/O Village And Po-Deep Dihtol, District-Madhubani 22. Shobhit Paswan Son Of Late Saini Paswan R/O Village Thanga, Padkari Tole, District Madhubani 23. Ramendra Mishra Son Of Tarakant Mishra R/O Village Ramnipatti, Babubarhi, District Madhubani 24. Lakhan Lal Thakur Sono F Bhola Thakur R/O Village And Po Barsan, Andrathadhi, District Madhubani 25. Shankat Ali Son Of Late Ahmad Ali R/O Kotwali Chowk, District Madhubani 26. Navin Shankar Prabhakar Son Of Umesh Chandra Das R/O Village Jhanjharpur, District Madhubani 27. Kapil Deo Singh Son Of Not Known To The Review Petitioner R/O Village Andpo Daiyakharwaiyar, District Madhubani 28. Braj Mohan Singh Son Of Not Known To The Review Petitioner R/O Village Andpo Daiyakharwaiyar, District Madhubani 29. Bishwanath Jha Son Of Mahadev Jha R/O Village Andpo-Bathani, District Madhubani 30. Anup Kumar Sinha Son Of Late Shiv Kumar Sahay R/O Hospital Road, District-Madhuabni 31. Gyani Das Son of Fuleshwar Das R/O Village Maniyarwa, Khajauli, District Madhubani 32. Tej Narayan Sharm Son Of Digambar Sharma R/O Village And Po Jhanjharpur Bazar, District Madhubani 33. Ganga Ram Son Of Not Known To The Review Petitioner R/O Village Basuki Bihari, District Madhubani 34. Ram Chander Paswan Son Of Not Known To The Review Petitioner R/O Village Dariya, District Madhubani 35. Jiwach Paswan Son Of Mishri Paswan R/O Village Khajauli, District Madhubani 36. Ram Gulam Paswan Son Of Not Known To The Review Petitioner R/O Village Dhenga, Via Kaulahi, District Madhubani 37. Hira Lal Safi Son Of Kari Safi R/O Village Rahikpur, Misraulia, District Madhubani 38. Mahavir Safi Son Of Kari Safi R/O Village Murhadi, Babubarhi, District Madhubani 39. Dilip Kumar Singh Son Of Ram Raghubir Singh R/O Village Dhanushi, District Madhubani Patna High Court MJC No.600 of 2008 (17) dt.19-02-2014 40. Indra Narayan Thakur Son Of Tej Narayan Thakur R/O Jagab Kachhvi, District Madhubani 41. Shambhu Thakur Son Of Bhagwat Thakur, R/O Village And Po Baruar, Bhairavasthan, District Madhubani 42. Raju Ram Bihari Son Of Shibu Ram Bari R/O Village Bhauara, District Madhubani 43. Kishundeo Safi Son Of Baijhal Safi R/O Village-Eema, District Madhubani 44. Laxmi Paswan Son Of Basueo Paswan R/O Village Barh Samaila, Tola Garaiya, Lalganj, District Madhubani 45. Ram Bilas Paswan Son Of Dodhai Paswan R/O Village Kakraul, Rahika, District Madhubani 46. Parmeshwar Ram Son Of Late Punait Ram R/O Village Ekdara, District Madhubani 47. Parshuram Paswan Son Of Jhandi Paswan R/O Village Ganguli, District Madhubani 48. Umeshwar Singh Son Of Shri Raghubir Singh R/O Village Dhanuski,P .S. Rahika, District Madhubani 49. Janardan Sharma Son Of Shri Harinath Sharma R/O Village Gargauria, P.S. Pandaul, District Madhubani 50. Kaladhar Jha Son Of Late Raghunath Jha R/O Village Malalnia, District Madhubani 51. Dharamdeo Yadav Son Of Shri Yugeshwar Yadav R/O Bardiban, P.S. Pandaul, District Madhubani 52. Rajeshwar Rai Son Of Hira Lal C/O Janardan Prasdad Parishadan Madhubani, P.S. Madhubani Distict Madhubani 53. Jitendra Singh Son Of Shri Bindeshwar Singh R/O Village Chotaipatti, P.S. Sadar, Darbhanga District Darbhanga At Present Residing At Village Dhanuki, P.S. Rahika, District Madhuabni 54. Md Unus Son Of Late Md Musa R/O Village Bhauara, Ps Madhubani, District Madhubani 55. Govind Mishra Son Of Shri Rambhajan Mishra R/O Village Bhaiyapatti, P.S. Basopatti, District Madhubani 56. Parmeshwar Mandal Son Of Shri Kusheshwar Mandal R/O Village Dhanushi, P.S. Rahika, District Madhubani 57. Narmada Devi Wife Of Late Ram Naresh Singh R/O Village Kakana, P.S. Pandaul, Distict Madhubani 58. Ghanshyam Thakur Son Of Late Tripat Thakur R/O Village Datwar, P.S. Khauli District Madhubani 59. Ashok Kumar Son Of Shri Parikshan Kapar R/O Jhanjharpur Ps Jhanjharpur Distict Madhubani 60. Raj Kuamr Son Of Late Rajendra Prasd Mandal R/O Village Dharampur Ps Shambhuganj Po Chatmadih, District Banka At Present Residing In Village Khajauli Sarabe C/O Ram Lagan Ingh Ps Khajauli Disrict Madhubani .... .... Respondent/s ====================================================== Appearance : (In MJC No.600 of 2008) For the Petitioner/s : Mr. Pramod Mishra Mr. Vivek Kumar Patna High Court MJC No.600 of 2008 (17) dt.19-02-2014 Mr. Vijay Kumar 'Mukul' Mr. Prafull Chandra Thakur For the Respondent/s : Mr. (Gp8) (In MJC No.2652 of 2008) For the Petitioner/s : Mr. Ravindra Kumar Singh For the Respondent/s : Mr. (Ga5) (In C. REV. No.463 of 2013) For the Petitioner/s : Mr. Chittaranjan Sinha, Sr. Adv. Mr. Ravindra Kumar Singh, Adv. For the Respondent/s : Mr. Shyam Kishore Sharma, Sr. Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 17 19-02-2014 Civil Review No. 463 of 2013 has been filed to review order dated 06.11.2007 in C.W.J.C. No. 16107 of 2004. Learned Senior counsel for the petitioner submits that the writ application was disposed relying on the statements made in the counter affidavit that vacancies being available the petitioners could well be considered also. MJC No. 600 of 2008 was filed alleging non compliance. The respondents in their show cause took the stand that the vacancies had inadvertently been mentioned wrongly. In the contempt jurisdiction this Court required the Chief Secretary, State of Bihar, to look into the matter himself. The Chief Secretary filed an affidavit under his own signature on 03.07.2013 acknowledging that the vacancies had not been determined properly in accordance with law. It is therefore submitted that the interest of justice requires that the writ application he heard afresh as the very foundation of the order has collapsed. Patna High Court MJC No.600 of 2008 (17) dt.19-02-2014 Counsel for the State submitted that it is always open for the petitioners to file a fresh writ application. The Court is of the considered opinion that if the writ petition came to be disposed with directions on basis of statements made in the counter affidavit, which has ultimately turned out to be incorrect, the writ petition is required to be heard afresh. C.W.J.C. No. 16107 of 2004 is restored to file for fresh consideration on merits. The contempt proceedings are disposed of as infructuous. Civil Review No. 463 of 2013 is allowed. Md. Ibrarul/- (Navin Sinha, J)