Dismissed

Ajmer Vidhyut Vitran Nigam Ltd. v. Sanjay Kumar S/O Sh. Ramesh Chand

Rajasthan HC5 Feb 2020WRW/69/2019

Case brief

AI extract

What is this about?

The Division Bench of the Rajasthan High Court considered a review petition seeking review of a dismissal of a special appeal. While condoning a substantial delay, the court dismissed the petition, holding that re-hearing is impermissible under Article 137 of the Constitution.

What did the court decide?

Review petition dismissed on the grounds that re-hearing cannot be countenanced and no case for review is made out.

Ajmer Vidhyut Vitran Nigam Ltd. Vs Sanjay Kumar… — Writ and Judicial Review | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

D.B. Civil Review Petition No. 69/2019

¶3

¶4

D.B. Civil Special Appeal (Writ) No.138/2018

¶5

¶6

S.B. Civil Writ Petition No.12667/2011

¶7

Ajmer Vidhyut Vitran Nigam Ltd, Hathi Bhata Power House, Ajmer Through Its Managing Director

¶8

Chief Engineer M And P, Ajmer Vidhyut Vitran Nigam Ltd. Hathi Bhata Power House, Ajmer

¶9

----Review-Petitioners

¶10

Versus

¶11

Sanjay Kumar S/o Sh. Ramesh Chand, Aged About 42 Years, R/o Village And Post Babai, Tehsil Khetari, District Jhunjhunu (Raj.)

¶12

Hazari Lal Saini S/o Sh. Brij Lal Saini, Aged About 43 Years, R/o Village Nijam Pura Aakawali Dhani, Post Ojato, Tehsil Chidawa, District Jhunjhunu Raj.

¶13

----Respondents

¶14

For Petitioner(s)	: Mr.	Abhishek Sharma
For Respondent(s)	: Mr.	Manoj Pareek

¶15

HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

¶16

Order

¶17

05/02/2020

¶18

This review petition has been filed by the petitioners seeking review of the order dated 26.02.2018 passed by a Coordinate Bench of this Court, whereby the Special Appeal preferred by the petitioners against the order of the learned Single Judge in SB Civil Writ Petition No.12667/2011, has been dismissed.

¶19

(2 of 3)

¶20

[WRW-69/2019]

¶21

The review petition reported to be barred by limitation for 323 days, is accompanied by an application under Section 5 of the Limitation Act.

¶22

It is noticed that against the order under review, the petitioners preferred a Special Leave Petition (C) No.32246/2018 before the Supreme Court, which stood disposed of vide order dated 11.01.2019, giving liberty to the petitioners to approach this Court by way of review petition, as prayed for. After disposal of the Special Leave Petition, the petitioners have filed this review petition before this Court on 14.02.2019.

¶23

On the facts and in the circumstances of the case, we are of the considered opinion that the delay in filing the review petition stands adequately explained. The application under Section 5 of the Limitation Act is therefore, allowed. The delay in filing the review petition is condoned.

¶24

It is noticed that the writ petition preferred by the respondents herein, was allowed by the learned Single Judge of this Court relying upon a Single Bench decision dated 05.09.2014 rendered in Ashok Kumar Mali Vs. RRVPNL, Jaipur in SB Civil Writ Petition No.1880/2003 . It was not disputed by the petitioners before the Division Bench that judgment rendered by the learned Single Judge in Ashok Kumar Mali’s case (supra) had already been implemented by the RRVPNL, Jaipur vide order dated 10.10.2014 and thus, the said judgment had attained finality. Obviously, noticing the fact that similarly situated person has already been extended relief by the petitioners herein accepting the verdict of this Court, the Division Bench dismissed the appeal.

¶25

(3 of 3)

¶26

[WRW-69/2019]

¶27

The factual position is not disputed by the petitioners before this Court.

¶28

The attempt of the petitioner to claim re-hearing of the matter in the garb of the review petition, cannot be countenanced by this Court. Moreover, it is brought to our notice that Special Leave Petition involving identical issue being Special Leave Petition (Civil) Diary No(s). 908/2019 has already been dismissed by the Supreme Court vide order dated 02.07.2019.

¶29

In this view of the matter, no case for review of the order is made out.

¶30

The review petition is therefore, dismissed.

¶31

(MAHENDAR KUMAR GOYAL),J

¶32

(SANGEET LODHA),J

¶33

Manish/32

Ajmer Vidhyut Vitran Nigam Ltd. v. Sanjay Kumar S/O Sh. Ramesh Chand

Case brief

What is this about?

What did the court decide?

Ajmer Vidhyut Vitran Nigam Ltd. v. Sanjay Kumar S/O Sh. Ramesh Chand

Case brief

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What did the court decide?

What the court decided

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