Case Note & Summary
The State of Maharashtra filed a review petition against an order dated 21.11.2003 passed by the same Division Bench in Writ Petition No.420 of 2002. The original order was based on minutes filed by both parties. The State contended that the petition should have been allowed in terms of an earlier Division Bench decision in Writ Petition No.153 of 2002 decided on 13.12.2002. The court agreed that the minutes and submissions required allowing the petition as the controversy had been decided. Consequently, the court allowed the review petition and substituted paragraph 4 of the order to read that the rule was made absolute in terms of the order dated 13.1.2002 passed in Writ Petition No.153/02. The review petition was disposed of accordingly.
Headnote
A) Review Petition - Substitution of Order - Consent Order - The review petition was directed against an order passed based on minutes filed by parties. The court allowed the review and substituted paragraph 4 of the order to reflect that the controversy had been decided by an earlier Division Bench in Writ Petition No.153 of 2002, thereby making the rule absolute in terms of that order. (Paras 1-3)
Issue of Consideration
Whether the review petition should be allowed to substitute the order in line with an earlier Division Bench decision.
Final Decision
Review petition allowed. Paragraph 4 of the order substituted to read: 'In the light of this since the controversy in this matter has been now decided by this Court, therefore nothing further requires to be adjudicated upon in this case. Therefore Rule is made absolute in terms of order dated 13.1.2002 passed in Writ Petition No.153/02. With these directions review petition is disposed of.'
Law Points
- Review petition allowed
- order substituted to reflect earlier decision
- minutes of parties considered
Case Details
2005 LawText (BOM) (02) 311
Review Petition (ST.) No. 27039 of 2004 in Writ Petition No. 420 of 2002
V.G. Palshikar, S.C. Dharmadhikar
Shri V.A. Gangal with Shri S.R. Nargolkar for the State, Shri S.B. Deshmukh i/by Shri A.V. Anturkar for the respondent
State of Maharashtra & Ors.
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Nature of Litigation
Review petition against an order passed in a writ petition.
Remedy Sought
State sought review and substitution of the order to align with an earlier Division Bench decision.
Filing Reason
The State contended that the original order should have allowed the petition in terms of the earlier decision.
Previous Decisions
Order dated 21.11.2003 in Writ Petition No.420 of 2002; earlier Division Bench decision in Writ Petition No.153 of 2002 decided on 13.12.2002.
Issues
Whether the review petition should be allowed to substitute the order to reflect the earlier Division Bench decision.
Submissions/Arguments
State argued that the petition was liable to be allowed in terms of the order in Writ Petition No.153 of 2002.
Ratio Decidendi
A review petition can be allowed to substitute an order to reflect an earlier decision of a co-ordinate bench when the minutes and submissions require it.
Judgment Excerpts
The minutes as also submissions then made did require allowing of the petition as the controversy was decided.
In our opinion therefore the review petition can be disposed of by substituting para 4 of the order to read as under:
Procedural History
Writ Petition No.420 of 2002 was disposed of by order dated 21.11.2003 based on minutes filed by parties. The State filed Review Petition (ST.) No.27039 of 2004 against that order. Civil Application 228/05 for condonation of delay was allowed. The review petition was heard and disposed of on 3.2.2005.
