This order rejects a review application condoning delay, dismissing it on the preliminary ground that the review itself was misconceived.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR Civil Application [CAO] No. 1699 of 2018 IN Misc. Civil Application [Review] No. 15319 of 2018 IN Public Interest Litigation No. 48 of 2013 [DECIDED] [Smt. Saroj Birbal Sahu & others Vs. Shivkumar Ramchandra Tiwari & others]
Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
Mr. P. S. Sahare, Adv., for the applicants. Ms. H. Prabhu, AGP for non-applicant nos.2,3,5 and 7.
CORAM : B. P. DHARMADHIKARI AND ROHIT B. DEO, JJ.
DATE : 26th October, 2018
Prayer is to condone delay of 328 days in moving an application for review of the order dated 19th July, 2017 in PIL No. 48 of 2013.
Learned Asstt. Govt. Pleader appearing for nonapplicant nos. 2,3,5 and 7 is opposing even prayer for condonation of delay. She submits that review as sought is itself misconceived.
Hence, before issuing notices to others, on prayer for condoning delay, we thought it proper to hear learned Adv. Shri Sahare on the prayer for review.
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He submits that order dated 19th July, 2017 disposing of the Public Interest Litigation petition is in relation to Survey No. 65, while the Gram Panchayat has taken action against structures of applicants standing on Survey Nos. 63 and 64.
Orders of this Court do not relate to either Survey No. 63 or Survey No. 64. Hence, by reviewing the said order dated 19th July, 2017, the applicants cannot get back the lost possession. We cannot even otherwise permit them to re-encroach.
Hence, without observing anything more, as we find the Review Application itself misconceived, we reject the Civil Application [CAO] No. 1699 of 2018.
Judge Judge
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Smt. Saroj Birbal Sahu & others
Shivkumar Ramchandra Tiwari & others
B. P. DHARMADHIKARI
ROHIT B. DEO
As recorded by the court registry
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