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Bombay High CourtRA/272/2017dismissedrule discharged

Zilla Parishad Nanded Through Chief Executive Officer v. The State Of Maharashtra And Others

2017-12-06Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Sunil K. Kotwal2 pages

Review Appln.No.272/2017 (( 1 ))

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD REVIEW APPLICATION NO.272 OF 2017 IN WRIT PETITION NO.7565 OF 2008 Zilla Parishad, Nanded ...

PETITIONER

VERSUS

The State of Maharashtra & ors.

...

RESPONDENTS .....

Mrs. Y.M. Kshirsagar, Advocate for applicant Shri B.A. Shinde, A.G.P. for State Shri R.I. Wakade, Advocate for respondent No.3. Shri U.B. Bilolikar, Advocate for respondent No.4 to 12, 19 to 28 .....

CORAM:

P.B. VARALE AND SUNIL K. KOTWAL, JJ.

DATED :

6th DECEMBER, 2017.

ORAL ORDER :

1.

By the present application, the applicant Zilla Parishad is before this Court, seeking review of the judgment and order passed by this Court, dated 4.9.2017.

2.

Though the learned counsel for the applicant vehemently submitted that the judgment and order passed by this Court is unsustainable on merits, in view of the judgment of

Review Appln.No.272/2017 (( 2 )) the Full Bench of this Court, we are afraid that on such a ground, whether the review petition can be entertained as it is the settled position of law that the scope of this Court in review jurisdiction is limited one, if there is an error apparent on face of record and it is brought to the notice of this Court, in that case situation, review can be entertained. If a party is approaching this Court challenging the judgment and order of this Court on merits, certainly it cannot be entertained in the limited jurisdiction entertaining the review application. No ground is made out to review the judgment and order of this Court, dated 4.9.2017. The application being thus, meritless, deserves to be dismissed and same is accordingly dismissed.

3.

Interim order, if any, stands vacated in view of dismissal of the review application.

( SUNIL K. KOTWAL ) ( P.B. VARALE ) JUDGE JUDGE fmp/