JHARKHAND HIGH COURT ISSUES ORDER ON BALAJEE ENTERPRISES V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, Sept. 23 -- Jharkhand High Court issued the following order on Aug. 22:

1. The present Civil Review has been filed for review of the order dated 16.07.2024 passed in W.P.(T) No. 6280 of 2023.

2. The ground has been taken that the said writ petition was disposed of on mistaken facts, since, the writ petition in which the order has been passed seeking review thereof had been listed alongwith batch of writ petitions and, as such, the order has been passed by this Court on the basis of the fact revolve around in the batch of writ petitions being W.P.(T) No. 1143 of 2021 and analogous cases.

3. The ground, therefore, has been taken that the factual aspect of W.P.(T) No. 6280 of 2023 in which the order was passed on 16.07.2024 seeking review thereof is totally on different facts. Therefore, this Review application has been filed.

4. The matter was heard on 16.07.2025 and 07.08.2025. The State took time to file counter affidavit. Counter affidavit has been filed and statement has been made in paragraph-6 that the grievance of the petitioner appears to be genuine, in as much as, the order dated 16.07.2024 has been passed under a mistaken impression that the issues involved in this writ petition are identical to those in W.P.(T) No.1143 of 2021, whereas the record reveals that the factual matrix and reliefs claimed are materially different.

5. This Court has found from the order dated 16.07.2024 that the said order was passed in presence of the petitioner, but the aforesaid fact has not been brought to the notice of this Court and that led the Court in passing the said order, however, since the said order is not based upon the facts of the particular case being W.P.(T) No. 6280 of 2023 which has also been admitted by the State in paragraph-6 of the counter affidavit, therefore, the power of review is to be exercised.

6. Accordingly, the order dated 16.07.2024 passed in W.P.(T) No. 6280 of 2023 is hereby reviewed and in consequent thereof, the same is recalled.

7. The instant Civil Review stands allowed and disposed of.

8. The W.P.(T) No. 6280 of 2023 is restored.

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