IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVIEW No.473 of 2017
In
Letters Patent Appeal No.279 of 2017
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Bijay Kr. Singh @ Vijay Singh, son of late Shyam Sunder Prasad Singh, Resident of Village - Mankurha, Khanpura, P.S.- Paliganj, District- Patna.
... ... Petitioner/s Versus
1. The State of Bihar through the Commissioner-cum Secretary, Food and Civil Supply Patna.
2. The District Magistrate, Patna.
3. The Sub Divisional Officer, Paliganj Dist- Patna.
4. The Block Supply Officer Paliganj, Patna.
5. Shyam Sharma, S/o Late Padamdeo Narayan Singh, Chairman of Pacs Manpura Taranpur, R/o village and P.O.- Khanpura, P.S.- Paliganj, Dist Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Sharma For the Opposite Party/s : Mr. Bijoy Kr. Sinha, AC to AAG-5 Mr. S. Raza Ahmad AAG- 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 07-08-2023 The present Civil Review Petition is filed for Patna High Court C. REV. No.473 of 2017 dt.07-08-2023 2/3 recalling the order dated 13.11.2017 passed in LPA No. 279 of 2017. Petitioner is the holder of a shop license. The Coordinate Bench while deciding LPA No. 279 of 2017 has specifically observed that in dealership of business, there is a business rivalry with reference to various claims of the dealership business.
2. For the purpose of entertaining Civil Review Petition, it is necessary to take note of Section 114 of CPC read with Order 47 Rule 1 of CPC to the extent what is error apparent on the face of the record.
3. In the present case, the Review Petitioner has not pointed out what is that error committed by coordinate Bench in LPA No. 279 of 2017 decided on 13.11.2017. The Apex Court in the case of S. Murali Sundaram Vs. Jothibai Kannan and Ors. in Civil Appeal Nos. 1167-1170 of 2023 (dt. 24.02.2023) read with Parsion Devi and Ors Vs. Sumitri Devi and Others reported in (1997) 8 SCC 715, it is held that Review could be entertained only if there are any error apparent on the face of record.
4. Perusal of the grounds in the Civil Review Petition, the petitioner has not pointed out that there were certain material information which were existing and it has not Patna High Court C. REV. No.473 of 2017 dt.07-08-2023 3/3 been taken note of while deciding the Writ Petition/LPA.
5. Therefore, the present Civil Review Petition stands dismissed.
(P. B. Bajanthri, J) (Jitendra Kumar, J) Amrendrachanda n/-
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