Dilesh Kumar Verma v. State Of Chhattisgarh
Case at a glance
Provisions considered
- Code of Civil Procedure, 1908 O. 47 r. 1
Key paragraphs
- Para 55. Reserving the right of the petitioner to avail such other remedies available, the review petition as of now stands rejected. Sd/- (P. Sam Koshy) Judge Jyoti
Judgment
: Mr. Pramod Ramteke, Advocate. : Mr. Rahul Jha, G.A. Hon'ble Shri Justice P. Sam Koshy Order On Board
26.07.2022
The instant review petition has been filed seeking review of the order passed in WPC No. 2782 of 2022 which was disposed of on
28.06.2022.
The review has been filed stating that the submissions made by the counsel for the petitioner while disposing of the writ petition was not as was instructed by the petitioner, nor was the petitioner expect the counsel to make an undertaking that he be given 30 days time before 2 being forcefully evicted enabling him to meanwhile take an alternative arrangement.
This court considering the entire facts and circumstances of the case, as also from the pleadings and further going through the contents of the impugned order does not find any strong case made out for review of the order dated 28.06.2022. It is well settled principles of law that the review proceedings are not by way of an appeal and have to be strictly confined to the scope and ambit of Order 47 Rule 1 of the Code of Civil Procedure. Review can be entertained only in the event of an error apparent on the face of record. The petitioner as such has not been able to show any error apparent on the face of record so as to enable this court to exercise its power of review.
As regards the contention of the petitioner that their application for settlement of the land over which they are in possession is pending consideration before the District Collector since long, that would be a separate cause of action and if the petitioner wants, they may take appropriate remedies available to them on the basis of the said application that they have made before the District Collector.
Reserving the right of the petitioner to avail such other remedies available, the review petition as of now stands rejected. Sd/- (P. Sam Koshy) Judge Jyoti
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.