Surendra Prasad v. The Champdani Municipality And ORS

25.06.2026.

Court No.13 Item No. 5 ap R.V.W. 34 of 2026 With I.A. No. CAN 1 of 2026 Surendra Prasad

Versus

The Champdani Municipality & Ors.

Nr. S.P. Pahari.

...For the applicant.

Mr. Ayan Banerjee, Mr. Dhiman Banerjee.

...For the respondents.

1.

Review is sought of this Court's order dated 22nd September, 2025.

2.

It appears from the order dated 22nd September, 2025 that it was passed in an appeal arising from an order dated 14th January, 2025 passed by a Single Bench of this Court. The Single Bench directed the petitioner's representation dated 2nd September, 2019 to be considered.

3.

This Court was of the view that there was no question of consideration of any representation since claim of the applicant itself was hopelessly time barred. Any consideration by the respondents could confer fresh rights to the applicant that already stood extinguished.

4.

It is essentially in this light that the order of the Single Bench was set aside. Review of such order and reiteration of the same prayers under the garb of review is considered a gross abuse of process of law. 5.

There are no new facts or old facts that could not be brought to the notice of this Court, despite due

diligence. The ingredients of Order XLVII of the Code of Civil Procedure are, therefore, not even remotely attracted.

6.

This Court is of the view that the instant review application is in gross abuse of process of law. 7.

R.V.W. 34 of 2026 is dismissed with costs assessed at Rs.11,000/- (Rupees eleven thousand only) payable by the applicant to the respondent Municipality.

8.

In view of dismissal of the review application, the connected application being CAN 1 of 2026 shall also stand dismissed.

9.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)