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Bombay High CourtRPW/90/2019dismissed

Shri. Nagesh Bapu Bagal And ORS. v. The State Of Maharashtra Through The Secretary Of Pwd And ORS.

2019-07-25Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

902-RPWST33992.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION (ST) NO. 33992 OF 2017 IN WRIT PETITION NO. 10562 OF 2017 1 Shri Nagesh Bapu Bagal & Ors.

... Petitioners Vs 1 The State of Maharashtra & Ors.

... Respondents Mr. R.V. Bansode for the Petitioners.

Mr. V.M. Mali, AGP, for the Respondent-State. CORAM : S.C. DHARMADHIKARI & N.M. JAMDAR , JJ.

THURSDAY, 25TH JULY, 2019 P.C. :

Heard Mr. Bansode appearing for the petitioners. On a perusal of the Memo of the Review Petition, it is evident that it projects grounds of appeal, rather than seeking a review of the order of the Division Bench. We do not think that we should entertain a Review Petition when such is the emphasis in the Memo. Review jurisdiction is not akin or similar to that of an Appeal or Revision. Once there is a grievance raised that the SRP 1/2

902-RPWST33992.17.doc order is erroneous on merits, then, the remedy is to challenge it in a higher court in Appeal.

The Review Petition is, therefore, not the remedy of the Review Petitioner. It is entirely misconceived and dismissed. N.M. JAMDAR, J.

S.C. DHARMADHIKARI, J.

SRP 2/2