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Patna High Court

Munna SahniversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The review petition is dismissed as the petitioners have not satisfied any of the statutory grounds for review under Order 47 Rule 1 CPC.

Summary

The petitioners, represented by Munna Sahni, sought to withdraw a writ petition challenging the cancellation of their cooperative society membership and asked the court to allow them to approach the appropriate forum. The State of Bihar opposed the review of the order allowing withdrawal, arguing that review is only permissible on discovery of new evidence, apparent mistake, or any other sufficient reason as per Order 47 Rule 1 CPC. The court examined whether the petitioners' request to withdraw the writ petition constituted a sufficient ground for review. It held that the petitioners had not demonstrated any of the statutory grounds for review and that their own request to withdraw did not create a new or sufficient reason. Consequently, the review petition was dismissed, leaving the original order allowing withdrawal intact.

Issues considered

  • The maintainability of a review petition under Order 47 Rule 1 of the Code of Civil Procedure
  • Whether a petitioner's request to withdraw a writ petition constitutes a sufficient ground for review

Legislation cited

Subjects

  • review petition
  • maintainability
  • Order 47 Rule 1
  • Civil Procedure Code
  • withdrawal of writ petition
  • jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CIVIL REVIEW No.221 of 2024
                                                     In
                               Civil Writ Jurisdiction Case No.14105 of 2023
                 ======================================================
           1.     Munna Sahni Son of Krishna Dev Sahni, resident of Village, P.O. and P.S.-
                  Gaighat, District - Muzaffarpur, Elected Secretary of Gaighat Prakhand
                  Matasyajivi Sahyog Samiti Ltd. Gaighat.
           2.    Gaighat Prakhand Matasyajivi Sahyog Samiti Ltd., Gaighat through its
                 Elected Secretary Munna Sahni.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Animal Husbandry and
                 Fisheries Department, Bihar, Patna.
           2.    The Divisional Commissioner, Tirhut Pramandal, Muzaffarpur.
           3.    The District Magistrate, Muzaffarpur.
           4.    The District Fisheries Officer-cum-Chief Executive Officer, Muzaffarpur.
           5.    The Sub-Divisional Officer, Muzaffarpur.
           6.    The District Co-operative Officer, Muzaffarpur.
           7.    The Asst. Registrar Co-operative Societies, East Anchal, Muzaffarpur.
           8.    The Dy. Director Fisheries, Tirhut Division, Muzaffarpur.
           9.    The Anchaladhikari, Block- Gaighat, District - Muzaffarpur.
           10. Balraj Sahni, Son of Late Yogendar Sahni, resident of village- Susta, P.O.-
               Susta Tok, P.S. Gaighat, District - Muzaffarpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :    Mr. Additional Advocate General 12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   23-04-2026                    Heard Mr. Deepak Kumar, learned counsel for the

                   review petitioners and Additional Advocate General 12 for the

                   State.

                                2. The present review petition has been filed for

                   reviewing the order dated 01.07.2024 passed in CWJC No.
Patna High Court C. REV. No.221 of 2024(2) dt.23-04-2026
                                             2/3




          14105 of 2023.

                       3. Learned counsel for the State has taken a

          preliminary objection with regard to the maintainability of the

          review petition and draws attention of this Court to the

          paragraph no. 2 of the order dated 01.07.2024 passed in CWJC

          No. 14105 of 2023 which is quoted hereinbelow:-

                       "2. After some arguments, learned counsel for the
                       petitioners seeks permission to withdraw this writ
                       petition with liberty to the petitioners to move
                       before the appropriate forum for challenging the
                       cancellation of their membership."


                       4. Learned counsel for the State submits that the

          petitioners have suo moto sought liberty to withdraw the writ

          petition with liberty to the petitioners to move before the

          appropriate forum for challenging the cancellation of their

          membership.

                       5. Learned counsel for the State submits that

          principles relating to the review the jurisdiction is well ordained

          and settled and are quoted hereinbelow:-

                       "(i) The review is maintainable only in the event of
                       discovery of new and an important matter or evidence
                       which after the exercise of due diligence was not within
                       the knowledge of the petitioner or could not be
                       produced by him.
                       (ii) Mistake or error apparent on the face of record and
                       (iii) For any other sufficient reason."
            Patna High Court C. REV. No.221 of 2024(2) dt.23-04-2026
                                                         3/3




                                   6. The expression 'any other sufficient reason' is not

                      wide enough to include the perception of the Court regarding

                      the petitioners that they had not approached the Court with clean

                      hands. 'Any other sufficient reason' would include such ground

                      which are analogous to the other two stipulated grounds under

                      Order 47 Rule 1 of the Code of Civil Procedure.

                                   7. It appears from the review petition that the

                      petitioners have not made out the case of the principles relating

                      to review petition and petitioners themselves have sought

                      permission to withdraw the writ petition.

                                   8. In view of the aforesaid, no case is made out for

                      reviewing the order dated 01.07.2024 passed in CWJC No.

                      14105 of 2023.

                                   9. Accordingly, the present review petition stands

                      dismissed.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U


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