Bijay Kr. Singh @ Vijay Singh vs The State Of Bihar
2023 Latest Caselaw 3512 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CIVIL REVIEW No.473 of 2017
                                            In
                            Letters Patent Appeal No.279 of 2017
     ======================================================

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

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

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/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date
Transmission Date       NA