Bombay High Court
Shri. Hanumantrao S/O Marotrao ... vs Nagpur Municipal Corporation ... on 18 April, 2022
Bench: Manish Pitale
1/3 8.mca225.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO. 225 OF 2022
IN
WRIT PETITION NO. 3462 OF 2019
Shri Hanumantrao s/o Marotrao Kampellwar and anr.
Vs.
Nagpur Municipal Corporation, Nagpur and Ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. S.R. Deshpande, Advocate for petitioners.
CORAM : MANISH PITALE J.
DATE : 18.04.2022.
By this review application, the applicants
are seeking review of the order dated 06.04.2022
passed by this Court in Writ Petition No.3462/2019
whereby the writ petition was dismissed.
2. It is contented that there is an error
apparent on the face of record, inasmuch as the writ
petition ought to have been directed to be placed
before the Division Bench in view of the fact that this
Court disagreed with the contentions of the
applicants/original petitioners and upheld the orders
passed by two Courts below, confirming that the
appeal filed by the applicants was not maintainable
before the two Courts below. In this regard, attention
2/3 8.mca225.2022
of this Court was invited to Chapter XVII Rule 18 of
the Bombay High Court Appellate Side Rules, 1960.
3. The learned counsel for the applicant
fairly conceded that Sub-Rule 3 of Chapter XVII Rule
18 of the aforesaid Rules may cover the position
regarding maintainability of the writ petition, insofar
as the challenge to the concurrent orders passed by
two Courts below is concerned. But, it was submitted
that the implication of upholding the orders of the
two Courts below was that the notice dated
10.10.2018 issued by the non-applicant/Corporation
would then be amenable to challenge in the writ
petition to be placed before the Division Bench of this
Court. The aforesaid submission was also taken
before the Court when the order dated 06.04.2022
was passed. This Court took note of the fact that the
applicant had suppressed filing of two suits bearing
Regular Civil Suit Nos.1237/2018 and 1238/2018
before the Court of Civil Judge Senior Division,
Nagpur, to challenge the very notice dated
10.10.2018. It was only the respondents who
brought the said fact to the notice of this Court. The
aforesaid suits were filed and are pending and it is
undisputed that the aforesaid remedy is invoked by
the applicant himself against the said notice dated
10.10.2018. It was in this backdrop that this Court
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observed that it cannot lie in the mouth of the
applicants that now the writ petition ought to be
placed before the Division Bench of this Court.
4. The learned counsel for the applicants
sought to rely on a number of judgments to contend
that the writ petition ought to have been directed to
be placed before the Division Bench of this Court,
insofar as the prayer pertaining to notice dated
10.10.2018 was concerned. The said submission was
specifically rejected by this Court by order dated
06.04.2022, of which review is sought.
5. This Court is of the opinion that no
ground for exercising review jurisdiction is made out,
as no error apparent on the face of record is observed
by this Court while considering the present review
application.
6. Accordingly, the review application is
dismissed.
7. Authenticated copy of this order be
supplied to the parties.
JUDGE
Prity
Digitally signed
by PRITY S
PRITY S GABHANE
GABHANE Date: 2022.04.19
14:59:36 +0530
