IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.97 of 2010 STATE OF BIHAR & ORS. . Versus DEO KUMAR PATHAK . ----------- 04. 03.11.2010 Heard learned counsel for the petitioners and learned counsel for the opposite party. C.W.J.C. No. 1526 of 2008 was preferred by the opposite party. It was disposed off on 13.1.2010 with directions to first dispose the matter in accordance with the directions contained in C.W.J.C. No. 11378 of 2000 dated 1.7.2005 as the impression created was that the impugned order dated 10.4.2007 had been passed without complying the former order of the Court. The ground urged for review is that neither the petitioner, respondent in the writ petition, nor the opposite party, the writ petitioner, could bring it to the attention of the Court that the order in C.W.J.C. No. 11378 of 2000 had already been complied with questioned in M.J.C. No. 3250 of 2005 when this Court declined to interfere on the fresh order that is 10.4.2007 in the contempt jurisdiction leaving it open to be challenged in a writ petition whereafter C.W.J.C. No. 1526 of 2008 came to be instituted. It is therefore apparent that the finding in 2 C.W.J.C. No. 1526 of 2008 that the order dated 10.4.2007 was passed without first complying the directions in C.W.J.C. No. 11378 of 2000 was contrary to the factual position. Therefore the order dated 10.4.2007 is now required to be tested on its own merit. Having considered the submissions of the counsel for the parties, this Court is satisfied that the Review Application is fit to be allowed. The order dated 13.1.2010 in C.W.J.C. No. 1526 of 2008 is recalled. The writ petition is restored to its original file to be listed for admission and decided afresh in accordance with law. The Review Application is allowed. P.K. ( Navin Sinha, J.)