Suryakant Tiwari v. Chhattisgarh Graha Nirman Mandal And ORS

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. (227) No.

of 201 Suryakant Tiwari, son of Late Shambhu Dayal Tiwari, aged about 57 years, present resident of LIG-250, Deendayal Awas Colony, Mangla, Bilaspur, Post Office Bilaspur, Tahsil & District Bilaspur (Chhattisgarh) ---- Petitioner

Versus

1. Chhattisgarh Grah Nirman Mandal, through the Executive Engineer, Chhattisgarh Graha Nirman Mandal, Bilaspur Division, Bilaspur (C.G.)

2. Omprakash Dubey, son of Late Kunji Lal Dubey, resident of House No.2452, Wright Town, Jabalpur, District Jabalpur

3. Gyan Prakash Dubey, son of Late Kunji Lal Dubey, resident of House No.2452, Wright Town, Jabalpur, District Jabalpur ---- Respondents For Applicant:

Mr. Vijay Kumar Pandey, Advocate.

For Respondent No.1:

Mr. Sanjay Patel, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board / 1 0/201 (1) Against the order passed by Arbitration Tribunal in M.J.C. No.10/2016, the petitioner preferred Miscellaneous Appeal, which was converted into revision by order dated 23.07.2009 and by the same order revision has been dismissed as not maintainable and even on the merits also. Thereafter, petitioner filed review petition No.17/2011 there-against, that was also dismissed by order dated 11.03.2011.

(2) After dismissal of the revision and review petition, this writ

petitioner under Article 227 of the Constitution of India has been filed challenging the order dated 20.03.2006 & 28.11.2005. (3) After hearing learned counsel for the parties, this Court is of the opinion that once the order passed by this Court on 23.07.2009 has become final as it has not been challenged by the applicant, now this writ petition challenging the order dated 20.3.2006 & 28.11.2005 is not maintainable.

(4) Accordingly, the writ petition fails and is hereby dismissed. Sd/- (Sanjay K. Agrawal) Judge D/-