Madhya Pradesh High Court
Lalit Kumar Gwalwanshi vs The State Of Madhya Pradesh on 3 October, 2023
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 3 rd OF OCTOBER, 2023
REVIEW PETITION No. 990 of 2023
BETWEEN:-
1. LALIT KUMAR GWALWANSHI S/O LATE SHRI
BHAGAT RAM GWALWANSHI, AGED ABOUT 47
YEARS, OCCUPATION: SLR RR/O F/201 SHANKAR
SHAH NAGAR GALI NO.6 RAMPUR, JABALPUR
DISTRICT JABALPUR, MADHYA PRADESH.
2. MRS. NIDHI MARCO W/O LALIT KUMAR
GWALWANSHI, AGED ABOUT 38 YEARS,
OCCUPATION: GOVERNMENT JOB R/O F/201
SHANKAR SHAH NAGAR GALI NO. 6 RAMPUR,
JABALPUR, MADHYA PRADESH.
.....PETITIONER
(BY SHRI ROUNAK YADAV - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY REVENUE DEPARTMENT
REVENUE DEPARTMENTM VALLABH BHAWAN,
BHOPAL MP (MADHYA PRADESH)
2. DEPUTY SECRETARY, REVENUE DEPARTMENT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. THE COLLECTOR, JABALPUR DISTRICT
JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VINOD MISHRA - PANEL LAWYER FOR THE
RESPONDENT/STATE)
This petition coming on for admission, this day, the court passed the
following:
ORDER
Signature Not Verified Signed by: KRISHNA SINGH Signing time: 10/4/2023 4:30:20 PM 2 This Review Petition is seeking review of order dated 10.08.2023 passed in Writ Petition No.19494/2023 by which, this Court while declining to entertain a petition filed by the petitioner assailing his order of transfer dated 31.07.2023 has disposed of the same while extending liberty to the petitioner to pursue his representation.
2. Learned counsel for the petitioner contends that certain facts which were important for the effective adjudication of the matter could not be brought to the notice of the Court in as much as, on the strength of the impugned order, the petitioner would be subjected to work under his juniors the same would cause heart burning to the petitioners and the said facts could not be brought to the notice of this Court, therefore, the petitioner is seeking review of this Order. The counsel while placing reliance on the decision of the Apex Court in 2022 LiveLaw (SC) 685, submit that the order dated 10.08.2023 passed in Writ Petition No.19494/2023 be recalled.
3. Per contra, learned counsel for the State submit that this Court while dealing with the petitioners' petition assailing the order of transfer dated 31.07.2023, specifically observed that as the petitioner refused to join as Incharge, Superintendent Land Record and there was failure to execute the earlier transfer order dated 25.03.2023 whereby the petitioner was transferred to Narsinghpur, therefore, the Court has declined to entertain the petition filed by the petitioner. Thus, submit that it is not a case which contains any error apparent on the face of the record.
4. Having considered the submissions advanced on behalf of the parties, it reflects that the petitioner has filed this review petition precisely on the ground that while assailing the order of transfer dated 31.07.2023, before this Court by Signature Not Verified way of Writ Petition No.19494/2023, the petitioner could not bring to the notice Signed by: KRISHNA SINGH Signing time: 10/4/2023 4:30:20 PM 3 of this Court that if the order of transfer was allowed to be executed, the petitioner would be subjected to work under his juniors and therefore, the review of the order is being sought.
5. In the considered view of this Court, the review jurisdiction in terms of the provisions of Order 47 Rule 1 of CPC is limited. The same only attracts when there is an apparent error on the face of the record. There is no apparent error in the order. Moreover, this Court while declining interference has made specific observation on merit of the case that it was not even a case of frequent transfer as well. Therefore, this Court is of the considered view that no case for review of the order dated 10.08.2023 passed in Writ Petition No.19494/2023 is made out.
6. Accordingly, the review petition stands dismissed.
(MANINDER S. BHATTI) JUDGE veni Signature Not Verified Signed by: KRISHNA SINGH Signing time: 10/4/2023 4:30:20 PM