Review petition rejected as facts conceded during previous disposal barred raising new grounds.
review petition rejected
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
REVP No. 12 of 2022
---- Petitioner
Versus
1. Bhagirath Netam S/o Late Maniram Netam, Aged About 47 Years Lecturer (Panchayat) Govt. Higher Secondary School, Randhana, Block Makdi, District Kondagaon, Chhattisgarh.
2. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan Naya Raipur, District Raipur, Chhattisgarh.
3. Commissioner Cum Director, Directorate Of Panchayat, Naya Raipur, District Raipur, Chhattisgarh.
---- Respondents
For Petitioner : Ms. Akanksha Jain, Advocate For Respondent No.1 : Mr. C. Jayant K. Rao, Advocate
Hon'ble Shri Justice P. Sam Koshy Order On Board
14.10.2022
1. The present review petition has been filed seeking review of the order dated 17.05.2019 passed by this Court in WPS No. 4041/2019.
2. The primary challenge on which the review has been sought for is the inability on the part of the respondents in accepting the directions given by this Court. The reason assigned being that the petitioner in the writ petition had in fact resigned from his earlier service and has thereafter joined a different service. This fact has not been brought to the notice of the Court and therefore the order needs to be reviewed.
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3. However, perusal of the record would show that the very order the review of which has been sought starts with a line that the counsel appearing for the petitioner as also for the State concede of the fact that the matter is squarely covered by the judgment rendered by this Court in WPS No.2530/2017 in the case of Mukesh Kumar Patel and another Vs. State of Chhattisgarh and another. If the writ petition has been disposed of at the behest of the statement made by the counsel appearing for the petitioner as also for the State accepting that it is squarely covered, the grounds that has now been raised by the petitioner herein may not be permissible to be raised while seeking a review.
4. Given the aforesaid facts, this Court finds it difficult to entertain the review petition. The Review Petition thus fails and is accordingly rejected.
Sd/(P. Sam Koshy) Judge
Khatai
the chief executive officer
state of chhattisgarh
commissioner cum director
p. sam koshy
As recorded by the court registry
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