Sudeshwar Tiwari v. State of Chhattisgarh
Case brief
What is this about?
High Court dismissed S.B. Prashant Kumar Mishra's review petition, holding it lacked valid grounds like new facts or manifest error. Court ruled review cannot be used to argue the matter afresh as that converts it into an impermissible appeal.
What the court decided
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
REVP No. 72 of 2018
- Sudeshwar Tiwari S/o Late Ramprasad Tiwari Aged About 53 Years R/o Ex Secretary Village Panchayat Sitarampur Tahsil Pal District Surguja, Now District BalrampurRamanujganj, Chhattisgarh.
---- Petitioner
Versus
- State Of Chhattisgarh Through The Secretary Department Of Panchayat And Rural Development Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh.
- The Collector Surguja, Now Collector Balrampur District Balrampur- Ramanujganj, Chhattisgarh.
- Chief Executive Officer, Janpad Panchayat Balrampur District Surguja, Now District Balrampur- Ramanujganj, Chhattisgarh.
- Gram Panchayat Sitarampur, Through Sarpanch (Sitarampur) Balrampur Tahsil Pal District Surguja, Now District Balrampur- Ramanujganj, Chhattisgarh.
Issues for consideration
3 issues framed by the court
Whether the petitioner is permitted to argue the entire case afresh under the guise of a review petition?
Whether review proceedings are confined to manifest errors or new facts under Order 47 Rule 1 CPC and Article 226?
Whether the present review petition has valid grounds showing manifest error or new facts?
Parties & counsel
- petitioner
Sudeshwar Tiwari
- respondent
State Of Chhattisgarh
- respondent
Collector Surguja
- respondent
Chief Executive Officer, Janpad Panchayat Balrampur
- respondent
Gram Panchayat Sitarampur
- respondent
Case details
As recorded by the court registry
- Court
- Chhattisgarh HC
- Decided on
- · January
- Registered
- Case no.
- REVP/72/2018
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