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Patna High Court

Jai Bajrang Bali ConstructionversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The review petition is dismissed as no error apparent on the record justifies the exercise of the court's review jurisdiction.

Summary

The petitioner, Jai Bajrang Bali Construction, filed a review petition challenging an order dated 14 July 2022 that had set aside a prior notice issued by the Engineer‑in‑Chief of the Rural Works Department and prescribed a schedule for compliance. The original order, dated 20 September 2021, was quashed and the petitioner was directed to appear on 1 August 2022 and cooperate with the department. The petitioner alleged that the order contained errors warranting a review. The High Court examined the record and found no apparent error or miscarriage of justice that would justify exercising its review jurisdiction. It reiterated that a review is not an appellate remedy and cannot be invoked merely to re‑argue the case. Consequently, the court dismissed the review petition and ordered that any pending applications also stand disposed.

Issues considered

  • Whether any error apparent on the record justifies the exercise of the court's power of review.
  • Whether the power of review can be used as an appellate jurisdiction to re‑examine the earlier order.

Subjects

  • review jurisdiction
  • civil writ jurisdiction
  • quashing order
  • procedural compliance
  • high court review
  • power of review

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       CIVIL REVIEW No.32 of 2024
                                                       In
                               Civil Writ Jurisdiction Case No.19449 of 2021
                 ======================================================
                 Jai Bajrang Bali Construction through its proprietor, Shachidanand Tiwari,
                 male, aged about 63 years, son of Kedar Tiwari, resident of village -
                 Palaundha, Police Station - Chenari, District - Bhabua, Kaimur.

                                                                             ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through Rural Works Department, Government of Bihar,
                 Vishweshwaraiya Bhawan, Jawaharlal Nehru Marg, Patna, Bihar- 800001.
           2.    The Secretary, Rural Works Department, Government of Bihar,
                 Vishweshwaraiya Bhawan, Jawaharlal Nehru Marg, Patna, Bihar - 800001.
           3.    The Additional Chief Secretary, Rural Works Department, Government of
                 Bihar, Vishweshwaraiya Bhawan, Jawaharlal Nehru Marg, Patna, Bihar -
                 800001.
           4.    The Engineer-in-Chief, Rural Works Department, Government of Bihar,
                 Vishweshwaraiya Bhawan, Jawaharlal Nehru Marg, Patna, Bihar - 800001.
           5.    The Executive Engineer, Rural Works Department, Work Division,
                 Forbesganj.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :   Mr. Government Pleader 5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                            and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                          (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

5   07-04-2026                  Heard the parties.

                                2. The present petition has been preferred by the

                   petitioner seeking review of the order/judgment dated

                   14.07.2022, passed by a Co-ordinate Bench of this Court in

                   C.W.J.C. No. 19449 of 2021, which was disposed of with the

                   following observations:
Patna High Court C. REV. No.32 of 2024(5) dt.07-04-2026
                                             2/3




                                   “As such, we dispose of the present petition on the
                                   following mutually agreeable terms:-
                                   (a) Impugned order dated 20.09.2021, passed by
                                   Respondent No. 4, namely the Engineer-in-Chief,
                                   Rural Works Department, Government of Bihar,
                                   Vishweshwaraiya Bhawan, Jawaharlal Nehru
                                   Marg, Patna (Annexure-3) is quashed and set
                                   aside;
                                   (b) Petitioner shall make himself available in the
                                   office of respondent no. 4, namely, the Engineer-
                                   in-Chief, Rural Works Department, Government of
                                   Bihar, Vishweshwaraiya Bhawan, Jawaharlal
                                   Nehru Marg, Patna on 1st of August, 2022 at
                                   10:30 A.M., when the notice to show cause, be it
                                   the old one or afresh, be supplied to the
                                   petitioner;
                                   (c) Petitioner undertakes to fully cooperate and
                                   not take any unnecessary adjournment;
                                   (d) Petitioner shall respond within a period of two
                                   weeks;
                                   (e) Fresh order, if so required and desired, be
                                   passed within a period of four weeks thereafter;
                                   (f) Copy of the order, assigning reason, shall be
                                   supplied to the petitioner;
                                   (g) Liberty reserved to the petitioner to challenge
                                   the order in accordance with law;
                                   (h) Pending such consideration, it shall be open
                                   for the petitioner to participate in the works of the
                                   department.
                                   Petition stands disposed of in the aforesaid
                                   terms.”


                        3. Upon perusal of the materials available on record,
           Patna High Court C. REV. No.32 of 2024(5) dt.07-04-2026
                                                        3/3




                     we are of the considered view that no case is made out

                     warranting exercise of the power to review. No error apparent

                     on the face of the record has been demonstrated so as to justify

                     interference. It is well settled that the power of review cannot be

                     exercised as an appellate jurisdiction.

                                  4. In view of the aforesaid facts and circumstances,

                     we find no merit in the present review application, and the same

                     is accordingly dismissed.

                                  5. Pending application(s), if any, shall also stand

                     disposed of.



                                                  (Sudhir Singh, J.)


                                                (Shailendra Singh, J.)
Sachin/-

U


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