Chemisol Adhesives Private Ltd. And ANR. v. State Of Maharashtra And 3 ORS.

rsk 1 908-RPW-L-2-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION (L) NO.2 OF 2015 IN WRIT PETITION NO.221 OF 2014 WITH NOTICE OF MOTION NO.427 OF 2015 AND NOTICE OF MOTION NO.430 OF 2015 IN REVIEW PETITION (L) NO.2 OF 2015 Chemisol Adhesives Private Ltd. & Anr.

...Petitioners

Vs.

State of Maharashtra and Ors.

...Respondents

------- Mr. A. J. Almeida for the Petitioners.

Mr. Amit Shastri, AGP for Respondent-State.

-------

CORAM

:

NITIN JAMDAR & SHARMILA U. DESHMUKH, JJ.

DATED :

23 SEPTEMBER 2022.

Digitally signed by RAJESHWARI SUBODH KARVE Date:

2022.09.30 16:36:23 +0530 P. C. :

RAJESHWARI SUBODH KARVE Heard learned counsel for the Petitioners.

2.

The Petitioners have challenged the order passed by the

rsk 2 908-RPW-L-2-15.doc Division Bench (Coram: S. J. Vazifdar & A. K. Menon, JJ.). Since the learned judges are not available the review is placed before us. The Petitioners had sought a writ of mandamus directing the Respondents to allot a suitable plot. The Division Bench took a view that writ jurisdiction cannot be exercised because there was gross delay and laches. The Court has, after considering the matter had taken a considered view as not to exercise writ jurisdiction. 3.

The Review Petitioners questions the order on the ground that it was incorrect. This cannot be the ground for exercise of review jurisdiction. As regards the contention that the Hon'ble Supreme Court has granted liberty to file a review by order dated 12 June 2014, the order shows that there is no liberty. The Hon'ble Supreme Court has stated that the Petitioners, if so advised, can file a review and has expressed no opinion on the subject. Since no case is made out for review, we do not find any purpose for allowing the Notice of Motion for delay.

4.

The Notice of Motion and Review Petition are rejected. (SHARMILA U. DESHMUKH, J.) ( NITIN JAMDAR, J.)