CWJC/983/1984 of JAGARNATH BHAGAT and ANR Vs STATE and ORS on 1 January 1984

IN THE HIGH COURT OF JUDICATURE AT PATNACivil Writ Jurisdiction Case No.983 of 1984

======================================================

Jagarnath Bhagat & Anr

.... .... Petitioner/s

Versus

The State of Bihar & Ors

.... .... Respondent/s

====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTAORAL ORDER

16 05-03-2013

The matter has come up on Office Notes. It is evident from the order dated 25.8.1992 passed in this case that this writ application was allowed and disposed of and the matter was remanded to the Circle Officer to dispose of the matter in accordance with the direction given in the said order.

Thereafter it appears that this case was wrongly again disposed of in a batch of writ petitions headed by CWJC No. 2755/1988 by order dated 22.2.1990. Subsequently, by office notes dated 30.8.1995 it was pointed out that this case may be deleted from the judgment passed in CWJC No. 2755/1988 and another writ petition, CWJC No. 874/1984 be inserted. By order dated 31.8.1995 the mistake, as pointed out in the office notes being an inadvertent error, was directed to be corrected. The said matters headed by CWJC No. 2755/1988 at that stage were remanded by the Supreme Court. Despite the same it appears that wrong orders continued to be incorporated in the present matter referring to the orders being passed in CWJC No. 2755/1988.

Thereafter by order dated 19.12.2000 passed by a Division Bench of this Court it was held that this case was wrongly treated as tied up with CWJC No. 2755/1988 and analogous cases, since it relates to a different subject-matter and accordingly, it was not to be treated as tied up and directed to be listed before a learned Single Judge. It was not pointed out before the Division Bench that the matter had already been separated from the said batch cases by the earlier order dated 31.8.1995 and was, in fact, a disposed of matter and was not required to be listed again.

In the aforesaid facts and circumstances, the present matter being a disposed of matter, there can be no occasion for its being listed again for being heard. As a matter of fact, by order dated 6.10.1994 the Letters Patent Appeal No. 85/1992 against the final order dated 25.8.1992 in this case had been dismissed.

Hence, there is no occasion for this matter to be listed before any Bench for hearing since it is a finally disposed of matter.

S.Pandey/-

(Ramesh Kumar Datta, J)