Union of India vs Satbir Singh - 2024 Supreme(Gau) 1808

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Gau) 1808

SANJAY KUMAR MEDHI
Union of India – Appellant
Versus
Satbir Singh – Respondent

Advocates:
Advocate Appeared:
For the Appellant : A. Gayan
For the Respondent: R. Mazumdar

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. Heard Ms. A Gayan, learned counsel for the applicant, who by means of this review petition has prayed for review of the order dated 22.06.2022 passed by this Court in WP (C)/5172/2016. Also heard Shri R Mazumdar, learned counsel for the opposite party/writ petitioner.

2. At the outset, this Court reminds itself that a review cannot be an appeal in disguise wherein there would be a re-hearing and reconsideration of the inter se merits of the rival parties. In this connection, there are a catena of decisions o the Hon’ble Supreme Court and one may gainfully refer to the some of those decisions:

(i) Aribam Tuleshwar Sharma v. Aribam Pishak Sharma, (1979) 4 SCC 389

(ii) Union of India v. B. Valluvan, 2006 INSC 741 : (2006) 8 SCC 686

(iii) State of W.B. v. Kamal Sengupta, 2008 INSC 759 : (2008) 8 SCC 612

3. In the case of Aribam Tuleshwar Sharma (supra), the following has been laid down:

“The Judicial Commissioner gave two reasons for reviewing his predecessor’s order. The first was that his predecessor had overlooked two important documents Exs. A-1 and A-3 which showed that the respondents were in possession of the sites even in the year 1948-49 and that t

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