Krishna PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CIVIL REVIEW No.338 of 2024
                                                      In
                                Civil Writ Jurisdiction Case No.4313 of 2017
                 ======================================================
                 Krishna Paswan Son of Late Janakdhari Paswan Resident of Village
                 -Hardasbigha, P.S. Khusrupur, District-Patna.
                                                                            ... ... Petitioner
                                                    Versus

           1.    The State of Bihar through the Collector, Patna.
           2.    The Collector, Patna.
           3.    The Deputy Collector, Land Reforms (D.C.L.R.), Patna City.
           4.    The Circle Officer, Khusrupur, Patna.
           5.    Mahendra Paswan Son of Ramyad Das Resident of Village-Hardasbigha,
                 P.S. Khusrupur, P.S. Baikathpur District-Patna.
           6.    Bhushan Paswan @ Shashi Bhushan Paswan S/o Mahendra Paswan
                 Resident of Village-Hardasbigha, P.S. Khusrupur, P.S. Baikathpur District-
                 Patna.
           7.    Nagina Paswan Son of Late Ramsharan Paswan Resident of Village-
                 Hardasbigha, P.S. Khusrupur, P.S. Baikathpur District-Patna.
           8.    Sunil Paswan Son of Late Jagan Paswan Resident of Village-Hardasbigha,
                 P.S. Khusrupur, P.S. Baikathpur District-Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Dharmendra Kumar, Advocate
                 For the Opposite Party/s :    Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   10-04-2026                  Heard learned counsel for the parties.

                                2. In the instant application, the petitioner has prayed

                   for the following relief(s) as stated in para – 1 of the application:

                                              “1) That this is an application for review

                                   / recall of order dated 26.09.2024 passed by

                                   Hon’ble Mr. Justice Rudra Prakash Mishra in

                                   C.W.J.C. No. 4313 of 2017 in which the petitioner
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                           was made respondent no. 6 Hon’ble Justice set

                           aside the order dated 11.09.2015 passed by learned

                           D.C.L.R. Patna City, Respondent No.3 and

                           subsequent order passed by the Circle Officer,

                           Khusrupur, Respondent No. 4. Dated 14.09.2016

                           observing there in that both The aforesaid orders

                           are without jurisdiction and remanded back to the

                           D.C.L.R. Respondent No.3 to pass a fresh reasoned

                           and speaking order in accordance with law. And

                           disposed of the writ application.”

                       3. Learned counsel for the petitioner submits that

          order dated 26.09.2024 was passed without hearing the

          petitioner (Respondent No. 6 in C.W.J.C. No. 4313 of 2017). He

          further submits that notice was not served upon the petitioner,

          therefore, he did not appear before this Hon’ble Court either in

          person or through his lawyer. He further submits that the

          aforesaid order was passed in his absence and petitioner was not

          aware of the same and it amounts to the violation of natural

          justice.

                       4. Having heard the submission of the learned counsel

          for the petitioner and on perusing the record, it appears that in

          C.W.J.C. No. 4313 of 2017, the notice was validly served to all
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                     the private respondents, including Respondent No.6 (petitioner

                     herein) to appear before the Court and after hearing both the

                     parties, order dated 11.09.2015 passed by DCLR (Respondent

                     No.3) and the subsequent order passed by the C.O (Respondent

                     No. 4) dated 14.09.2016 were set aside and the matter was

                     remanded back to the DCLR (Respondent No. 3) to pass a fresh

                     reasoned and speaking order in accordance with law after giving

                     opportunity of hearing to both the parties.

                                  5. In view of the above, this Court finds no merit in

                     the Review Application filed by the petitioner. Accordingly, the

                     present Civil Review No. 338 of 2024 stands dismissed.


                                           (Rudra Prakash Mishra, J)

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