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[Cites 1, Cited by 1]

Madhya Pradesh High Court

Bhawani Vipran Sahkari Sanstha ... vs Megh Singh Gurjar on 16 May, 2017

                                         1
                                                          R.P.No.269/2017

         (Bhawani Vipran Sahkari Sanstha Maryadit Vs. Megh Singh
                                Gurjar & Others)
       16.05.2017
              Shri Vilas Tikhe Advocate for the petitioner.
              Shri Raghvendra Dixit, Advocate for the respondent no.1

Shri Praveen Newaskar, Govt. Advocate for the respondent no.2/State.

The present review petition seeks review of the final order dated 07.04.2017 whereby the petition in question assailing the order of M.P. Cooperative Societies Tribunal was dismissed.

Learned counsel for the rival parties are heard on the question of admission and final disposal.

Learned counsel for the review petitioner primarily referring to para 2 and 3 in the ground clause attempts to point out palpable error in the order under review by raking up issues concerning merits of the matter that in the given facts and circumstances of the case, the Cooperative Tribunal was wrong in holding that opportunity was required to be afforded before disqualifying the respondent no.1 by invoking the provisions of Sec 48 AA (i)(ii) of the M.P. Cooperative Societies Act.

This Court is afraid that the review jurisdiction cannot be permitted to raise matters on merits seeking reconsideration and re-appreciation of facts which is permissible only in appellate jurisdiction.

Since no palpable error is pointed out in the order under review, the present review petition deserves to be and is therefore dismissed.

              (Sheel Nagu)                         (S.A. Dharmadhikari)
sh/-             Judge                                     Judge