Vishandas Katariya Through Power ... vs Indore Developement Authority ...
2023 Latest Caselaw 5970 MP

                                    --1--


IN THE        HIGH COURT OF MADHYA PRADESH
                    AT I N D O R E
                              BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                   &
    HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA

                   ON THE 12th OF APRIL, 2023

                  WRIT PETITION No. 6833 of 2021

BETWEEN:-
VISHANDAS KATARIYA THROUGH POWER OF ATTORNEY HOLDER
PRADEEP S/O SUNDERLAL JAIN OCCUPATION: BUSINESS PLOT NO. 13,
SCHEME NO. 47, INDORE/301, BANSIWALA TOWER, SCHEME NO. 47,
INDORE (MADHYA PRADESH)
                                                        .....PETITIONER
(SHRI AMIT AGRAWAL, LEARNED SENIOR ADVOCATE WITH SHRI ARJUN
AGRAWAL, LEARNED COUNSEL FOR THE PETITIONER)

AND
   INDORE DEVELOPEMENT AUTHORITY THROUGH CHIEF EXECUTIVE
1. OFFICER CHIEF EXECUTIVE OFFICER PRADHIKARI BHAWAN, 7,
   RACE COURSE ROAD, INDORE (MADHYA PRADESH)
   ESTATE OFFICER INDORE DEVELOPMENT AUTHORITY 7 RACE
2.
   COURSE ROAD, INDORE (MADHYA PRADESH)
   COMPETENT AUTHORITY/SDO M.P. LOK PARISAR BEDAKHLI (JUNI
3. INDORE) PRASHASNIK SANKUL COLLECTORATE MOTI TABELA
   INDORE (MADHYA PRADESH)
                                                     .....RESPONDENTS

      This petition coming on for order this day, JUSTICE SUSHRUT
ARVIND DHARMADHIKARI passed the following:

                                ORDER

This case was finally disposed of vide order dated 13.03.2023.

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2. The petitioner has filed I.A. No.2135/2023, which is an application for review / recall under Section 114 r/w Order 47 Rule 1 of the Code of Civil Procedure, 1908 r/w Chapter 2 Rule 30-A of The High Court Rules, 2008.

3. On perusal of The High Court Rules, 2008, it is found that Rule 13 of Chapter 4 of The Rules, 2008 has been amended and in Sub-rule (1) (a &

b) of Rule 13, between the words "review" and "clarification", the word "recall" shall be inserted. Hence, in view of the aforesaid amendment, I.A. No.2135/2023 is not maintainable in the present disposed of writ petition. Since there is a specific amendment in Rule 13, for recalling of an order, a review petition is maintainable.

4. The amendment made in Rule 13 Chapter 4 of the High Court Rules, 2008 only pertains to filing of an interlocutory application for the purpose of modification / clarification of the order / judgment or extension of time only or to correct the typographical error. Any interlocutory application shall be registered in a disposed of main case for the aforesaid purpose only. In view of the aforesaid, I.A. No.2135/2023 is not maintainable. The petitioner shall be at liberty to file a review petition as per Rules.

5. The Principal Registrar is directed to ensure compliance of the same by the registry officers strictly.

             (S. A. DHARMADHIKARI)                          (PRAKASH CHANDRA GUPTA )
                    JUDGE                                          JUDGE


           N.R.

            Digitally signed
NARENDR by NARENDRA
A KUMAR KUMAR
         RAIPURIA
RAIPURIA Date: 2023.04.12
         18:26:50 +05'30'