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2011 Supreme(Pat) 414

MIHIR KUMAR JHA
Binod Kumar Singh Son Of Sri Paltan Singh – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Mihir Kumar Jha, J.

1. Heard Mr.Satish Chandra Jha, learned counsel in MJC No. 1349 of 2010 and Mr. AC to GA-6 in MJC No. 4179 of 2010.

2. Both the applications arise out of the same order dated 21.8.2009 in CWJC No. 1002 of 2003 but, the prayer made in both the applications are entirely different.

3. While the petitioner in. MJC No.1349 of 2010 has made a prayer for initiating a proceeding of contempt for non-compliance of the direction contained in the order dated 21.8,2009 in the connected writ application, the prayer made in the other application MJC No. 4179 of 2010 is to modify/recall the aforesaid order dated 21.8.2009 on the ground that subsequently on 17.8.2010 an order has been passed by this Court in CWJC No. 2390 of 2010 by virtue of which the State of Bihar and its officials particularly the Collector of Saran district have become helpless in complying the order of this Court dated 21.8.2009 in CWJC No. 1002 of 2003.

4. Mr. Jha learned counsel for the petitioner has submitted that the order of this Court dated 21.8.2009 need not be modified, inasmuch as, the said order, in absence of any appeai, has already become final and, in fact, when the opposite parties





















































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