Dhananjay Prajapati v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH , BILASPUR Order Sheet REVP No. 109 of 2019.

Dhananjay Prajapati Versus State of Chhattisgarh and others. 15.07.2019 Mr. Prateek Sharma, counsel for the petitioner. Heard on I.A. No. 1 of 2019, which is an application for condonation of Delay in filing review petition.

On due consideration as substantial cause has been explained in the instant review petition the delay part is condoned.

Also, I.A. No. 1 of 2019 accordingly stands allowed. The Counsel for the petitioner submits that the order seems to have been passed inadvertently in the context of an altogether different writ petition whereas the cause under challenge by the petitioner was entirely different than what is reflected in the order .

According the counsel for the petitioner, it appears that the counsel whose name appears in the body of the order on behalf of the petitioner had mentioned a different case while getting the writ petition i.e. 1528 of 2017 disposed off in the light of the similar order passed in identical nature. Considering the over all facts & circumstances of the case, a strong case prime facie for review has been made out by the petitioner, the order passed in the WPS No. 1528 of 2017 on 09.04.2019 is one which has been passed in a different factual context whereas the relief sought for is entirely different.

The review petition deserves to hereby allowed the order dated 09.04.2019 passed in WPS No. 1528 of 2017 stands recalled. The writ petition WP(S) 1528 of 2017 is ordered to be listed for rehearing before this Court on 29.07.2019.

Sd/- (P. Sam Koshy) JUDGE Jyotijha