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Krushan Ch. Panda Vs. State of Orissa and ors. - Court Judgment

SooperKanoon Citation
SubjectCivil
CourtOrissa High Court
Decided On
Judge
Reported in105(2008)CLT287
AppellantKrushan Ch. Panda
RespondentState of Orissa and ors.
DispositionApplication dismissed
Excerpt:
.....or order of a single judge. no letters patent appeal shall lie against a judgment/order passed by a single judge in an appeal arising out of a proceeding under a special act. sections 100-a [as inserted by act 22 of 2002] & 104:[dr. b.s. chauhan, cj, l. mohapatra & a.s. naidu, jj] writ appeal held, a writ appeal shall lie against judgment/orders passed by single judge in a writ petition filed under article 226 of the constitution of india. in a writ application filed under articles 226 and 227 of constitution, if any order/judgment/decree is passed in exercise of jurisdiction under article 226, a writ appeal will lie. but, no writ appeal will lie against a judgment/order/decree passed by a single judge in exercising powers of superintendence under article 227 of the constitution...........by the petitioner earlier along with the prayer for a direction to the opposite parties to relax upper age limit of the petitioner. the petitioner has not referred to the so-called government circular dated 21.04.1997 in his statement made in the writ petition. as such, he cannot develop his case, which was not there in the main writ petition, in an application for review by introducing new facts and documents. in this regard, the law is sell settled that in a review application if there is material error manifests on the face of the record, then only the court can interfere with the matter. jurisdiction of review of an order is very limited and it can never be exercised as an appellate jurisdiction and also it can never be used as a routine procedure.4. in view of the above, since i.....
Judgment:

N. Prusty, J.

1. This review application has been filed for review of Order-Dated 30.03.2007 passed by this Court in W.P.(C) No. 2283 of 2007. Heard Mr. K.K. Swain, Learned Counsel for the Petitioner.

2. Mr.Swain, Learned Counsel submits that inadvertently he could not file the Government Circular dated 21.04.1997 relating to enhancement of the upper age limit for engagement of Sikshya Sahayak and if he would have filed the said Circular then the order passed in the Writ Petition would have been otherwise. Learned Counsel further submits that the averments made in the Writ Petition clearly indicates that the advertisement made for engagement of Sikshsya Sahayak (Annexure-3), which was under challenge in the Writ Petition, is not in conformity with the Scheme/Circular.

3. As it appears from the prayer made in W.P.(C) No. 2283 of 2007, the Petitioner had not challenged the advertisement (Annexure-3) itself, which is said to be not in conformity with the Scheme/Circular dated 21.04.1997 relating to enhancement of upper age limit for engagement of Sikshya Sahayak. The Petitioner has also not prayed for quashing the advertisement (Annexure-3)in the Writ Petition. He has only challenged the Order Dated 12.02.2007 (Annexure-8) passed by the State Government in compliance with the Order Dated 03.01.2007 in W.P.(C) No. 16540 of 2006 filed by the Petitioner earlier along with the prayer for a direction to the Opposite Parties to relax upper age limit of the Petitioner. The Petitioner has not referred to the so-called Government Circular dated 21.04.1997 in his statement made in the Writ Petition. As such, he cannot develop his case, which was not there in the main Writ Petition, in an application for review by introducing new facts and documents. In this regard, the law is sell settled that in a review application if there is material error manifests on the face of the record, then only the Court can interfere with the matter. Jurisdiction of review of an order is very limited and it can never be exercised as an Appellate jurisdiction and also it can never be used as a routine procedure.

4. In view of the above, since I do not find any illegality, irregularity or material error manifests on the face of the record, in the Order Dated 30.03.2007 passed in W.P.(C) No. 2283 of 2007, which is sought to be reviewed in this application, I am not inclined to entertain the same.

5. The Review Application is accordingly dismissed.


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