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Bombay High CourtRPW/117/2018rejected

Bharatiya Manav Vikas Trust Sanchalit New Panvel v. The State Of Maharashtra Through The Secretary, Social Justice And Special Help And ORS.

2017-09-27Hon'Ble Shri Justice A. K. Menon,Hon'Ble Shri Justice A.S. Oka2 pages

rpwst16546 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION ST.NO.16546 OF 2017 IN WRIT PETITION NO.9632 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Dr.Siddhartha Priya Ashok for the Petitioner Mr.M.M.Pabale, AGP for the Respondent Nos.1,2 and 4. Mr.G.S.Hiranandani i/b Mr.C.G.Gavnekar for respondent No.3 CORAM :A.S.OKA AND A.K.MENON,JJ.

DATE :SEPTEMBER 27, 2017 P.C.:

Heard the learned counsel for the review petitioner. Review is ought of the order dated 13th April 2017 by which the prayer for interim relief in Writ Petition No.9632 of 2015 was rejected.

The contention of the learned counsel for the petitioner is that there is an error apparent on the face of the record as the affidavit filed by the petitioner in the writ petition in PIL No.156/2013 is not considered. His second ground is that various measures were taken by the review petitioner.

rpwst16546 As far as the first ground is concerned, the order sought to be reviewed is an interim order. The Court is not expected to write a long Judgment referring every document which was considered by the Court while passing the interim order. Secondly, the learned counsel fairly concedes that he was not present when the matter was heard for interim relief on 13th April 2017 and therefore, he is not in a position to make a statement whether the said affidavit was relied upon or not.

Clause 7 of the order dated 13th April 2017 grants liberty to the petitioner to apply for appropriate interim relief after taking all possible measures. Hence, there is no error apparent on the face of the record. Even otherwise there is no ground for review. Review Petition is rejected.

( A.K.MENON,J.) (A.S.OKA,J.)