High CourtsSingle Bench(2022) 02 MP CK 0186

Nagar Palika Nigam Sagar vs Bhupendra Pathak

Madhya Pradesh High Court · Decided on 28 February 2022

HON’BLE JUDGES
Sushrut Arvind Dharmadhikari, J
RESULT
Allowed
CASE NUMBER
Review Petition No. 829 Of 2021

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Judgment

9 paragraphs · 202 words

Sushrut Arvind Dharmadhikari, J

Heard on I.A. No.7471/2021, an application under Section 5 of Limitation Act seeking condonation of delay in filing the review petition.

There is a delay of about two years in filing the Review Petition.

In view of the order passed by the Apex Court in suo motu W.P. (C) No. 1/2020 (IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS), I.A. No.7471/2021 is allowed.

The delay in filing the Review Petition is hereby condoned.

This petition has been filed seeking review of order dt.17.09.2019 passed in W.P. No.19095/2015, wherein the case of the respondent was allowed in the terms of order passed in W.P. No.9592/2012.

Learned counsel for the petitioner submitted that the name of the present petitioner did not find place in the resolution of Mayor in Council dt.18.01.2017 (Annexure P/3), whereas the name of Yashwant Kumar Koshti and Sheshank Rawat finds place in the said resolution, therefore, the aforesaid case is not identical to them.

On perusal of the record, it appears that there is error apparent on the face of record. Accordingly, the Review Petition is allowed. Order dt.17.09.2019 passed in W.P. No.19095/2015 is recalled.

W.P. No.19095/2015 be listed for rehearing after two weeks.