Dhananjay Singh vs State Of Bihar And Ors

Heard learned counsel for the petitioner and learned AC to GA 7 for the State.

The petitioner has moved the Court seeking review of the judgment dated 07.04.2016 passed in LPA No. 1937 of 2015 which, in turn, arose out of the judgment dated 13.01.2015 passed in CWJC No. 3029 of 2014.

Learned counsel for the petitioner submitted that on the basis of the admitted position, the work order for mining was issued on 23.02.2007 and on 3rd December, 2007 the same was cancelled, though the period for which it was issued from 01.01.2007 to 31.12.2007. He submitted that in view thereof, in the proportion of the days for which he was not allowed to do the mining work in terms of the order of the authorities themselves, he is entitled to refund of the security deposit to the authorities.

Having heard learned counsel for the petitioner and learned counsel for the State, we do not find that there is any ground to review the judgment dated 07.04.2016 passed in LPA No. 1937 of 2015. The writ petition on which the Letters Patent Appeal came to be instituted did not seek any relief with regard to such issue raised by the petitioner today before the Court. Moreover, as has been pointed out by learned counsel for the petitioner himself, there is already an order passed on 10.05.2011 in CWJC No. 16165 of 2009 which addresses the issue raised before the Court today.

In view thereof, the application stands disposed off with the observation that it shall be open to the petitioner to pursue his remedy available to him, in accordance with law, before the appropriate forum, for such grievance.