The main legal point established in the judgment is that the review process cannot be used to re-open settled issues or seek re-hearing of the original petition. It also emphasizes the limited scope of review and the grounds on which a review of judgment can be sought.

ORDER :

CM No. 3989/2023

Mr. Ashish Sharma, learned counsel for the non-applicants/respondents submits that he does not want to file objections to the instant application and that the delay in filing the Review Petition be condoned.

Heard learned counsel for the parties and perused the record.

For the reasons stated in the application, coupled with submissions made by the counsel for the parties, the application is allowed and delay of 147 days in filing the Review Petition is condoned.

Disposed of.

RP No. 88/2023

1. In the instant Revision Petition filed under Rule 65 of the J&K High Court Rules, 1999 (hereinafter referred to as the ‘Rules of 1999’) read with Order 47 Rule 1 of the Code of Civil Procedure (in short, the ‘CPC’), the petitioners herein seek review of judgment dated 27.12.2022 (hereinafter referred to as the ‘impugned judgment’) passed in WP(C) No. 2456/2021 titled as, “Ram Rattan and ors. Vs. UT of J&K and ors.”.

2. Before proceeding to advert to the grounds urged in the petition for seeking review of the impugned judgment, facts reveal that the petitioners (respondents herein) while maintaining the aforesaid WP(C) No. 2456/2021 before this Court stated that they had executed various works allotted to them by the official respondents therein the petition to the tune of Rs. 44.35 lacs and during execution of the said works, the cost thereof got escalated to the tune of Rs. 88.83 lacs, for which a post-facto sanction came to be accorded by the official respondents and out of the said amount of Rs. 88.83 lacs, the respondents paid an amount of Rs. 44.35 lacs to the petitioners, however, did not pay the balance amount of Rs. 44.48 lacs, compelling the petitioners to approach this Court through the petition (supra), which came to be disposed of in terms of the judgment under review.

3. The petitioners in the instant Review Petition were impleaded as respondent Nos. 1, 2 & 4 to 6 in WP(C) No. 2456/2021 (supra), besides the District Development Commissioner, Poonch-proforma respondent 5 herein, who had filed his response to the petition and stated therein as follows:-

“That in reply to para 3-8 and grounds of the petition, it is submitted that the petitioners executed 14 Nos. of work in respect of Municipal Council Poonch under Constituency Development Fund of Ex- MLC, Sh. Yashpal Sharma with an estimated cost of Rs. 44.35 lacs, but the cost of the work exceeded amounting to Rs. 88.83 lacs. Out of which the funds amounting Rs. 44.25 lacs have been paid by the Municipal Council Poonch to the petitioners. The 14 Nos. of works have been completed in all respects as reported by the Municipal Council, Poonch. The tenure of Hon’ble Ex-MLC, Yashpal Sharma has ended, so the balance payments could not be made to the contractors. The post facto accord of Administrative Approval of 14 Nos. of works has already been accorded vide this Office Letter No. DDCP/CDF/2019-20/724-24 dated 25.06.2019. Moreover, the matter stands already taken up with the Director Urban Local Bodies, Jammu for release of payment to the tune of Rs. 44.48 lacs vide No. DDCP/MC/2021-22/3659-61 dated 14.08.2021. As and when funds are released, payments will be made to the petitioners (contractors).”

4. On the basis of the aforesaid stand taken by the respondent-District Development Commissioner, Poonch-proforma respondent 5 herein, the petition came to be disposed of in presence of the counsel for the respondents including the present petitioners as well in the following manner:-

“Accordingly, the respondents shall consider effectively the release of the balance amount of Rs. 44.48 Lacs to the petitioners as and when the said amount is made available by respondent No. 2-Director, Urban Local Bodies, Jammu, who shall without any further delay and preferably within eight weeks from today make the funds available to respondent no. 4 for onward payment to the petitioners whereupon respondent no. 4 shall pay the said amount to the petitioners within four weeks along with an