Bombay High Court
Narayan Pandhari Narkhede And ... vs Divisional Commissioner, ... on 11 August, 2022
Bench: Manish Pitale
1/3 MCA 495.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO. 495 OF 2022 (FOR REVIEW)
IN
WRIT PETITION NO. 939 OF 2018
Narayan Pandhari Narkhede and others
vs.
Divisional Commissioner Amravati and others
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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. R. L. Khapre, Senior Advocate assisted by Mr. Rahul
Tajne, Advocate for applicants.
Mr. S. M. Ghodeswar, AGP for respondent Nos.1 and 5.
CORAM : MANISH PITALE J.
DATE : 11/08/2022
Heard Mr.R.L.Khapre, learned Senior
Counsel appearing for the review applicants.
2. Having heard the learned Senior Counsel
for quite some time, this Court is not inclined to
entertain the present review application. The nature
of grounds raised in the present application are more
in the nature of seeking re-hearing of the matter,
which cannot be permitted in review jurisdiction. No
error apparent on the face of record is demonstrated.
Therefore, the review application does not deserve to
be considered on merits.
KOLHE
2/3 MCA 495.2022
3. Nonetheless, there are apprehensions
expressed on behalf of the applicants. It is brought to
the notice of this Court that Writ Petition No.2478 of
2022 is filed by the original respondent No.4,
challenging order dated 14/03/2022, passed by the
concerned Minister. It is submitted that the judgment
and order dated 19/07/2022, passed by this Court in
Writ Petition No.939 of 2018, may have an impact on
the manner in which the aforesaid writ petition is
decided.
4. This Court is of the opinion that the
apprehension is misplaced, because Writ Petition
No.2478 of 2022 will certainly be decided on its own
merits. It is further stated on behalf of the applicants
that in pursuance of the observations made by this
Court in the judgment and order dated 19/07/2022,
the applicants have already filed Regular Civil Suit
No.88 of 2022, before the Court of Civil Judge,
Senior Division, Malkapur. It is submitted that this
Court may observe that the aforesaid Suit would be
decided in its own merits by the aforesaid Civil Court
without being influenced by the observations made in
the judgment and order dated 19/07/2022, passed in
Writ Petition No.939 of 2018.
KOLHE
3/3 MCA 495.2022
5. To this extent, appropriate observation can
certainly be given to the review applicants.
6. Accordingly, the review application is
dismissed.
7. It is observed that the aforesaid Civil Suit
instituted by the applicants before the competent
Civil Court shall be decided on its own merits by the
said Court without being influenced by the
observations made in the judgment and order dated
19/07/2022, passed in Writ Petition No.939 of 2018.
8. Needless to say, the subsequent notice
issued by the Gram Panchayat on 28/07/2022 can be
challenged by the review applicants by instituting
appropriate proceedings in accordance with law.
JUDGE
Digitally signed byRAVIKANT
CHANDRAKANT KOLHE
Signing Date:12.08.2022
10:16
KOLHE
