IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.69 of 2009 Shambhu Singh, S/o. Late Dinesh Singh, Village-Malaypur, P.S. Jamui, District-Jamui Versus THE STATE OF BIHAR & ORS ----------- 02 15.05.2009 This modification application has been filed with a prayer for modification of the order as passed in C.W.J.C. No.7798 of 2007, which was heard along with C.W.J.C. No.16260 of 2007 and several other applications on 04.03.2008 and vide order of the same date, all the applications were disposed of as withdrawn with some reliefs granted in the order. Since, the matters under all the applications were stated to be similar they were disposed of by the aforesaid common order dated 04.03.2008. But learned counsel for the petitioner submits that the matter under the concerned C.W.J.C. No.7798 of 2007 was not similar to the other applications which were heard and decided by the said common order dated 4th March 2008. Learned counsel points out that the matter in the said C.W.J.C. No.7798 of 2007 is different from those other applications but due to mistake of the counsel it could not be pointed out at the time of hearing and due to the mistake C.W.J.C. 2 No.7798 of 2007 was also disposed of as withdrawn under the premise that the matters were quite similar to the other applications. Learned counsel says that the matter is since different, it should be heard and decided in its independent merit, but since the matter has already been disposed of as withdrawn, we do not find any scope for rehearing the matter after its disposal. However, in the facts and circumstances, we permit the petitioner to file a fresh application for his grievances and seeking reliefs, which will be heard and decided on its own merit. With the aforesaid liberty to the petitioner, this application is accordingly disposed of. Mkr. (C.M. Prasad, J.) (J.N. Singh, J.)