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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND PATHAK, HIRDESH
Mukesh Kumar Sharma – Appellant
Versus
Anil Kumar Trivedi – Respondent
| Table of Content |
|---|
| 1. overview of review petition and context. (Para 1 , 2 , 3) |
| 2. arguments against the maintainability of the writ appeal. (Para 4 , 6 , 10) |
| 3. analysis of the maintainability of the writ appeal and related precedents. (Para 5 , 7 , 9 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. ratio decidendi concerning conditions for review petitions. (Para 18 , 19 , 20 , 21 , 22) |
| 5. final dismissal of the review petition. (Para 23) |
ORDER :
Anand Pathak, J.
1. The present review petition is preferred by the review petitioner in respect of order dated 20th January 2025 passed in Writ Appeal No.54/2025 (Anil Kumar Trivedi Vs. The State of Madhya Pradesh and others), whereby the writ appeal preferred by the appellant - Anil Kumar Trivedi (respondent No.1 herein) is disposed of remanding the matter back to the learned Writ Court.
2. Precisely stated facts of the case are that respondent No.1 at the relevant point of time was working as Uchcha Madhyamik Shikshak and under the policy of State Government, he was appointed as Block Resource Center Coordinator (BRCC) on deputation basis vide order dt.28.12.2022. The other persons out of same deputation order dt.28.12.2022 are continuing to hold their re
Interlocutory orders can be appealable if they materially affect rights; review jurisdiction is limited to errors visible on the record.
Point of law: Interim order of Single – Appeal not maintainable - Character of the ad interim order would continue to be the same until an adjudication is made by the irrespective of the fact as to w....
The Letters Patent allows appeals only against judgments that conclusively affect rights; interim orders lacking such determinations are not appealable.
Point of Law : Practice and Procedure - Review/modification and/or setting aside of order - Orders of transfer and posting - It is well settled that scope of review of an order is very limited and it....
An appeal would lie against an order passed in a review of the order under Article 226 of the Constitution, even if the original order is retained, once the review petition is entertained and the add....
An appeal would lie against an order passed in a review of the order under Article 226 of the Constitution, even if the original order is retained, once the review petition is entertained and the add....
The Court cannot grant interim relief after a certificate for appeal has been issued, as it lacks jurisdiction to modify dismissed orders.
A procedural order calling for pleadings from parties does not constitute a judgment under Chapter VIII R.5 and is not appealable.
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