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2017 Supreme(Pat) 4

ADITYA KUMAR TRIVEDI
Bihar State Of Electricity Board Now South Bihar Power Distribution Company Limited – Appellant
Versus
Amitabh Sinha, son of Shri Akhauri Harshvardhan Sinha, Managing Director, M/S Harsh Advance Diagnostic and Research Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioners:Mr. Vinay Kirti Singh, Sr. Advocate, Mr. Vijay Kumar Verma, Advocate.
For the Respondents: Mr. Kumari Amrita (GP-10).

ORDER :

After an interval of so many years of disposal of Cr.WJC No.37/2012 vide order dated 19.07.2012 for which no appeal was preferred, instant petition has been filed to review the order dated 19.07.2012 on the plea that the Division Bench decision of this Court reported in Mosmat Swaran v. State of Bihar as reported in 2012(2) PLJR 229 has not been considered which is also based upon 2012 (2) SCC 108 (Executive Engineer, Southern Electricity Supply Company of Orissa Limited (Southco) & Anr. V. Sri Sitaram Rice Mill) which also happens to be sheet-anchor of the order impugned.

2. At the time of hearing on the point of admission when a query was made with regard to maintainability of the instant petition, learned counsel for the petitioner has submitted that the power so invoked by this Court while disposing of the Cr.W.J.C. was under article 226 of the Constitution and so, be categorized under different nomenclature is not going to cloud the power vested under Article 226 of the Constitution and that being so, review is permissible in terms of Section 114 as well as Order XLVII of the CPC, though not specifically embedded under constitution itself. Accordingly, instant review pet






























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