Research › Search › Judgment

Himachal Pradesh High Court · body

2016 DIGILAW 777 (HP)

State of Himachal Pradesh v. Jitender Kumar Mahindroo (since deceased) through LRs

2016-05-12

DHARAM CHAND CHAUDHARY, MANSOOR AHMAD MIR

body2016
JUDGMENT : Mansoor Ahmad Mir, Chief Justice. (Oral) By the medium of this review petition, the review petitioners have sought review of judgment and order, dated 20th November, 2013, made by this Court in LPA No. 459 of 2012, titled as State of H.P. and others versus J.K. Mohindru. 2. The subject matter of the LPA No. 459 of 2012 was judgment and order, dated 9th March, 2012, made by the Writ Court in CWP (T) No. 16645 of 2008, titled as Shri J.K. Mohindru versus State of Himachal Pradesh and others, whereby the writ petition filed by the writ petitioner came to be allowed. 3. It is apt to record herein that in order to seek review, the review petitioner has to satisfy the mandate of Section 114 of the Code of Civil Procedure (for short ?CPC?) read with Order 47 CPC, as has been held by this Court in Review Petition No. 56 of 2014, titled as Ranjeet Khanna versus Chiragu Deen and another, decided on 8th August, 2014; Review Petition No. 65 of 2015, titled as Union of India & others versus Paras Ram, decided on 25th June, 2015; Review Petition No. 115 of 2015, titled as Surjeet Kumar and others versus State of H.P. and others, decided on 16th March, 2016; and Review Petition No. 20 of 2016, titled as Onkar Singh versus Executive Engineer, HPSEB Ltd. and another, decided on 12th May, 2016. 4. We have gone through the writ petition, the judgment made by the Writ Court, the judgment under review and are of the considered view that the judgments are well reasoned and the petitioners have failed to carve out a case for review. Thus, no interference is required. 5. It is pertinent to record herein that the writ petitioner, who was in the lis before the Tribunal from the year 2004, has now passed away and his legal representatives are contesting the review petition. 6. Having said so, no case for review is made out and the review petition merits to be dismissed. Accordingly, the review petition is dismissed alongwith all pending applications.