Nirmal Bera And ORS v. State Of West Bengal And ORS.

13.12.2024.

Court No. 13 Item No. 36 ap R.V.W. No. 263 of 2024 With I.A. No. CAN 1 of 2024 Nirmal Bera & Ors.

Versus

The State of West Bengal & Ors.

Mr. Sudip Sarkar, Mrs. Sabita Khutia (Bhunya).

...For the applicants.

Mr. Ranjan Saha, Ms. Priyanka Jana.

...For the State.

1.

Review of the order dated 12th June, 2024 is sought, inter alia, submitting that this Court by an order dated 30th April, 2024 passed in W.P.A. No. 11605 of 2024 had allowed pension to the legal heirs of the petitioners on the selfsame ground.

2.

This Court notes that the facts of the said case being W.P.A. No. 11605 of 2024 are different from the instant case.

3.

In any event, relief granted in a different matter cannot be a ground under Order XLIII, Rule 1 of the Code of Civil Procedure, 1908.

4.

In those circumstances, R.V.W. No. 263 of 2024 must fail and is hereby dismissed.

5.

In view of dismissal of the review application, the connected application being CAN 1 of 2024 is dismissed.

6.

There will be no order as to costs.

7.

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.)