M/S Varsha Constructions v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Review Petition No. 21 of 2016 M/s Varsha Constructions Through Proprietor Kamal Chand Jain S/o Nemichand Jain Aged 55 Years, Partner Varsha Constructions, Shop No. 25-26, Second Floor, Milennium Plaza, Banstal, P.S.- City Kotwali, Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Public Works Department, Mahanadi Bhavan, New Raipur, Dist. Raipur, Chhattisgarh

2. Chief Engineer, Public Works Department Division, Raipur, Dist. Raipur, Chhattisgarh

3. Superintendent Engineer, Public Works Department Division, Raipur, Dist. Raipur, Chhattisgarh

4. Executive Engineer, Public Works Department Division, Raipur, Dist. Raipur, Chhattisgarh ---- Respondents For Petitioner : Shri Sudeep Johri, Advocate.

For Respondent/State : Shri Prafull N. Bharat, Additional Advocate General. Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri P. Sam Koshy, J.

Order on Board Per Navin Sinha, Chief Justice 18/03/2016 1.

The present application has been filed for review of order dated 17.3.2015 dismissing Writ Petition (C) No. 2589 of 2014. 2.

Learned Counsel for the Petitioner submits that by sheer inadvertence, instead of Central Public Works Department, the State Public Works Department had been made as a party Respondent. He therefore prays for leave to withdraw the writ petition itself to institute fresh proceedings in accordance with law and impleading the proper parties.

3.

Learned Additional Advocate General submits that the withdrawal of the writ petition may have its own consequences and repercussions.

4.

The review application is allowed. Writ Petition No. 2589 of 2014 is permitted to be withdrawn with liberty as prayed, subject to the objection raised by the Respondents.

Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Anu