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Bombay High CourtRPW/7/2016dismissed

Sujit Bhimrao Sawant v. Incharge Manager, Central Dairy Aarey, Goregaon (E) And 2 ORS

2016-07-01Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

902-RPW.7.2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION NO. 7 OF 2016 IN WRIT PETITION NO. 1190 OF 2014 Sujit Bhimrao Sawant } Petitioner versus Incharge Manager, Central } Dairy, Arey and Ors.

} Respondents Mr. Shikur G. Kudle for the petitioner.

Mr. G. W. Mattos - AGP for respondent nos. 1 and 3.

CORAM :- S. C. DHARMADHIKARI & G. S. KULKARNI, JJ.

DATED :- JULY 1, 2016 P.C. :- Having heard Mr. Kudle appearing for the petitioner and perusing the order under review so also the other annexures to the review petition, we are of the opinion that we cannot entertain the review petition. For entertaining it would amount to rehearing of the original writ petition. In review jurisdiction, it is not permissible. Though Mr. Kudle attempted to point out that review would be maintainable in this case, as there is an error apparent on the face of the record, we are of the opinion that whether the pedestrian and vehicular traffic was obstructed or otherwise is an issue which is already dealt with and concluded J.V.Salunke,PA

902-RPW.7.2016.doc by the order under review. If the petitioner is aggrieved by the same, his remedy is to challenge it in higher court. We cannot, now, in the garb of a review, rehear the original petition. In these circumstances, there is no merit in the review petition. It is dismissed.

(G.S.KULKARNI, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA