Andhra Pradesh High Court - Amravati
Chitturi Srinivas vs The State Of Andhra Pradesh on 29 November, 2022
Bench: Battu Devanand
1
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
IA NO. 1 OF 2022 IN W.P.NO. 12917 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 12946 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 15023 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 16170 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 18319 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 18730 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 19068 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 19093 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 19149 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 19150 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 20562 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 20581 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 20610 OF 2021
AND
IA NO. 1 OF 2022 IN W.P.NO. 25669 OF 2021;
COMMON ORDER:-
1. The interlocutory applications in all the above writ
petitions are filed under Order XLVII, read with Sections 114
and 151 of the Civil Procedure Code (for short 'C.P.C'),
seeking to review the common order dated 05.10.2021 passed
by this Court in W.P No.12917 of 2021 & batch.
2
2. These review petitions are filed by the respondents
representing the State Government and the respondents in
the review petitions are the writ petitioners.
3. Heard learned Government Pleader for Panchayat Raj on
behalf of the review petitioners, Sri Ganta Rama Rao, and
Sri Gudapati Venkateswara Rao, learned Senior Counsel
appearing for the writ petitioners on record/respondents
herein. Perused the grounds available in the review petitions
along with the material papers and counter affidavits filed by
the writ petitioners i.e respondents in these review petitions.
4. Learned Senior Counsel contends that these review
petitions are not maintainable on the sole ground that,
against the common order dated 05.10.2021 passed by this
Court in W.P.No.12917 of 2021 & batch, the review
petitioners filed writ appeals and the said writ appeals are
pending for adjudication before a Division Bench of this
Court. Learned Senior Counsel contends that, Order XLVII
Rule 1 of C.P.C bars the review petitioners for filing these
review petitions.
5. Learned Government Pleader appearing for review
petitioners accepted that, in these cases writ appeals are filed.
6. For proper adjudication of the issue, Order XLVII Rule 1
of C.P.C is extracted hereunder:
1. Application for review of judgment. - (1) Any
person considering himself aggrieved-
(a) by a decree or order from which an appeal is
allowed, but from which no appeal has been
preferred,
(b) by a decree or order from which no appeal is
allowed, or
(c) by a decision on a reference from a Court of
Small Causes, and who, from the discovery of new
and important matter or evidence which, after the
exercise of due diligence was not within his
knowledge or could not be produced by him at the
time when the decree was passed or order made,
or on account of some mistake or error apparent on
the face of the record of for any other sufficient
reason, desires to obtain a review of the decree
passed or order made against him, may apply for a
review of judgment to the Court which passed the
decree or made the order.
7. Having heard the submission of the respective counsel
and upon careful perusal of the legal position placed before
this, this Court is holding that the present review petitions
are not maintainable in the light of Order XLVII Rule 1 of
C.P.C, as already the respondents in the above writ petitions
preferred writ appeals against the common order passed by
this Court in WP No.12917 of 2021 & batch dated
05.10.2021, wherein the present review petitions are filed.
8. Accordingly, the review petitions are dismissed.
9. There shall be no order as to costs
_____________________________
JUSTICE BATTU DEVANAND
Date : 29.11.2022
BSS/SP
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
IA NO. 1 OF 2022 IN W.P.NO. 12917 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 12946 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 15023 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 16170 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 18319 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 18730 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 19068 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 19093 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 19149 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 19150 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 20562 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 20581 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 20610 OF 2021
AND
IA NO. 1 OF 2022 IN W.P.NO. 25669 OF 2021;
Date : 29.11.2022
BSS/SP
