The High Court dismissed the writ petition noting it was already disposed of via a judgment dated 19 September 2014. It held that filing subsequent civil applications to seek reliefs in a disposed petition is impermissible, referring State of U.P. v. Brahm Datt Sharma.
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1 wp3180.14.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.3180 OF 2014
[Tanvir Ahmed Khan Shabbir Khan .vs. Deputy Director of Education, Amravati Division, Amravati and others]
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Shri V.K. Paliwal, Advocate for the petitioner, Mrs. S.S. Jachak, AGP for the respondent nos.1 and 2, Shri U.A. Gosavi, Advocate for the respondent no.3, Shri P.S. Kshirsagar, Advocate for the respondent no.4.
CORAM : B.R. GAVAI AND
P.N. DESHMUKH, JJ.
DATED : DECEMBER 02, 2015.
Heard.
The petition is already disposed of vide judgment and order dated 19th September, 2014. We fail to understand how the subsequent civil applications are filed seeking certain reliefs in a petition which is already disposed of. The same is not permissible, in view of the law laid down in the case of State of Uttar Pradesh .vs. Shri Brahm Datt Sharma and another, reported in AIR 1987 SC 943 .
It is a different matter where the civil application is filed for review or recall of the order. However, the civil application for obtaining some relief in a writ petition which is disposed of is not at all tenable.
Registry to submit the explanation within a period of one week from today, as to how, the civil applications are accepted in a petition which is disposed of.
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Needless to state that the petitioner may take recourse to other remedy, if any, available in law.
JUDGE
JUDGE
Gulande
3 issues framed by the court
Whether filing of civil applications seeking reliefs in a disposed writ petition is permissible without being for review or recall.
The propriety of accepting civil applications in a petition already disposed of.
The availability of alternative remedies for the petitioner.
Colour shows how this judgement treated each authority
State of Uttar Pradesh .vs. Shri Brahm Datt Sharma and anotherReferred¶12
AIR 1987 SC 943 · Who else cites this
Tanvir Ahmed Khan Shabbir Khan
Deputy Director of Education
B.R. Gavai
P.N. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
