IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW NO.195 OF 2009

IN

CIVIL WRIT JURISDICTION CASE NO. 18755 OF 2008

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1.JANG BAHADUR SINGH, ADVOCATE, CIVIL COURT, NAWADAH SON

OF LATE KAILASH SINGH, R/O VILLAGE GONAWAN, P.O.

GONAWAN, P.S NAWADAH, DISTRICT NAWADA.

2.RANJEET KUMAR, ADVOCATE, CIVIL COURT, NAWADAH, S/O

LATE RAM LAKHAN PRASAD, R/O VILLAGE BADLU BIGHA, P.S

NARDIGANJ, DISTRICT NAWADA.

3.RAM KUMAR, ADVOCATE, CIVIL COURT, NAWADAH, S/O SRI

BIHARI PRASAD, R/O VILLAGE GOGAN, P.S.NEMDARGANJ, P.S

AKABARPUR, DISTRICT NAWADA.

.... .... PETITIONER/S

VERSUS

1.SECRETARY LAW (JUSTICE) DEPT.GOVT.OF BIHAR, PATNA.

2.THE COMMISSIONER, MAGADH DIVISION GAYA, (BIHAR).

3.THE COLLECTOR, NAWADAH, DISTRICT NAWADA.

4.SRI BHARAT PRASAD, ADVOCATE,ENROLLMENT NO.4507/96,

CIVIL COURT, NAWADA(BIHAR).

.... .... RESPONDENT/S

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Appearance :

For the Petitioner: Mr. Durgesh Nandan, Advocate

For the State : Mr.Lalit Kishore, AAG-I,

Mr. Anshuman Singh, Advocate.

For the respondent: Mr. Pramod Kumar, Advocate,

No. 4.

Mr.Ritesh Kumar, Advocate,

Mr.Bimal Kumar Datta,Advocate

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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA

and

HONOURABLE DR. JUSTICE RAVI RANJAN

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA)

Date: 18-12-2012

Heard counsel for the parties.

2. In this application the petitioner have

made a prayer for recall/review of the order dated

25.3.2009 passed in C.W.J.C. No. 18755 of 2008 and

consequently also consider afresh their prayer in the

aforesaid writ application.

3. Learned Counsel for the petitioner at the

Patna High Court C. REV. No.195 of 2009 dt.____-12-2012

2

outset has prayed for condonation of delay in filing

of this review application by referring to the facts

mentioned in this application. This Court in fact for

the purposes of condoning the delay in filing this

application has also taken into consideration that

the order sought to be reviewed dated 25.03.2009

passed in C.W.J.C No. 18755 of 2008 was subsequently

made subject matter of Special Leave Petition, S.L.P

No. 11879 of 2009 before the Apex Court which was

withdrawn by the petitioners on 15.05.2009 with a

leave to file this review application and thereafter

this review application was filed on 15.07.2009. Thus

the delay in filing of this review application being

well explained is hereby condoned specially when the

respondent-opposite parties in pursuance of notice

issued by this Court on 21.04.2010 in the limitation

matter have also filed no counter affidavit objecting

to the prayer for condonation of delay in filing of

the review application.

4. Coming to the merits of the case, it has to

be only noted that the petitioners had earlier filed

C.W.J.C No. 18755 of 2008, wherein, they had assailed

the order dated 04.12.2008 appointing respondent

no.4, Bharat Prasad as Incharge Government Pleader of

Civil Court, Nawada under the orders of the Law

Secretary

of

the

Government

of

Bihar

dated

04.12.2008.

The

said

application

was,

however,

Patna High Court C. REV. No.195 of 2009 dt.____-12-2012

3

dismissed by an order dated 25.03.2009, which reads

as follows:-

“Heard counsel for the parties.

This writ petition relates to appointment of

Government Pleader in the District of Nawadah.

It is the case of the petitioner that the

District & Sessions Judge recommended names of

seven persons for appointment of Government

Pleader in the District of Nawadah and out of

seven names, the Collector of the district

forearded

the

names

of

five

persons

and

thereafter two more names were sent by the

Collector including the name of Bharat Prasad,

who was appointed as a the Government Pleader

and his name was earlier not consulted with t