2: , The'facts, in nutshell are that th/is court vide order dated 15.05.2007 dismissed ’ the ‘petition‘of the petitioner holding that this Court has jurisdiction ofjudicial ‘ review ofthe order passed by the Court below, in the event, there is manifest and apparent error on the face of the proceedingslbased on the clear ignorance or utter disregard to the provisions of law or there is grave failure of justice or I. grave injustice has occasioned thereby. Further, this Court can also entertain the petition in its supervisory jurisdiction if there is perversity, irregularity or: \ 1 L HIGH COURT OF CHHATTISG. AT BILASPUR REVIEW PETITION No. J66 of 2007 ‘ Deepak Shanna, S/o Ramashankar Shanna, Aged/ abolét 5G ‘ years; R/o Ward ‘No. 21, Manendragarh District Korea (C G) ‘ \ VERSUS i’ . NON—APPLICANT : 1 State of Chhattisgarh Through the Secretary g: ' Department of Pubhc Works DK S Bhawan, Mantralaya Ralpur 2: The Executlve Engmeer Chhattlsgarh Housmg Board Bllaspul Cmcle Bllaspur (C G) / 3 The Execuuve'Englneer Chhattlsgarh Housing Board Program Circle Raigarh (C G ) ‘ APPLICATION FOR REVIEW THE ORDER DATED 15 05 2007 ’ BY CIRCULATION. SB: Hon’ble Shri Satish K. Agnihotri‘, J. _ ORDER (?assed' on 15th day of October, 2007) LA: No. 1, this is an application for condonation of delay. Sudicient cause has been shown. The application is ordered as prayed for. By this application, the applicant seeks rev1ew of the order dated 15 05 2007 . passed in Wfit Petition (C) No 2804 of 2007 (Deepak Shanna Vs State of i Chhattisgarh & Others). illegality in the process of decision, not in the decision itself M??W a $1 “m . It as h etiof as iue note da 4.0. f aym s. 5,,6!— ithin a rio' of 1 a by e Addin sild, Chhatisgarh ousin a, Bilau Teaii ne or t was isd 2 00 or recver of R ~ 1 erlod o ys l ‘ Whh he al n rec nd ro15s of St1o 4 of 1c t sd amout was overable uer the pv1on ecn 16 th ChhattiSgh and evenue ode, 195‘. r 4. n prusa f e plgs and cument, this Coult ame to t coclusion O el o th eadin dos c he n th pic gn 15 m to e pament he di ot at the aplant was ive days tie mak the y but d n cy h i ices apict fad to m an sbmission befe te ard f Revnue as eden rom te serva-o he od or h Bo o e is vit f h obtionf t Bar of ne n is orr datd 12 0 2 ed R C N RNll Reveu i t de e 1 007 pass in evision ase o. ../R/A- ' 76/180/200 par w s a pce at pra o the un a ompl wit the sad not and the plan ile ake y u hh the rew s su for wic vre 1 oght ie apcan has ug revw he gu a e 5. The revw plit soht for ie of the order on t ronds tht “th Hon Si J pased t dr mpugn yg u f he ’ble ngle udge s he ore ied relin on the jdgment o t ’ble me Cot in cs o Suya e R Vs. m h a l 00 67 hic a osered i oer, ut par o te sid jn‘was nsied, hh‘sup he ca ofte petitoner.” urtr o te ound may be aowe to se ew roun w ul ot Hon Supre ur the ae f r Dv ai Ra Cander Ri (23) 6 SCC 5, wh ws bV n the rd b a 38 f h a udgnet not coder wicports t se h i Fhe n h gr that he lld rai n gds hich cod n be rd at t me fhg e wri in i mtin tg aise he ti o earin ofth t petition ts oo sae. 6. So far as the i gound f th re plcaton is ern, ou e ts orer ted 0 n 827 s rysllized a 2 d 8 o h ugnet of e Suprem Curt m te as of Sura Dv Ri an 3 f te Jdn th e o h ce y e a. supra) m repect of h cse of the ettioner hding tat t impgned order, l ( s te a pi ol h he u di ot suffr h ay pcul ero, perversty, rregularity o llegalty. d n e om n roedra rr 1 i r ii @ 3 w held tat the pitne w ssd ic ted 212006 or pent of R 5163 w ped 5 dys th itOal Tehar t Hg Bord spr herer o me noice sue on 8 01 26 f oy s 10 65 139/ wthm a p f 15 da fahng e aI L R C 9 7 \ J 6 at a 5 hich find la a 6 f Jdgmet aginst frst o e view apii conced this Crt vid i d da 15 05 207 i W P (C) Nor 204/00 ha cta par 0 The second gound as stated in column ‘IV of the review application reads as under : ”That this Hon’ble Court may pleased to give a liberty to the applicant to present the groumis which could not be raised at the time of hearing ofthe writ petition in its motion stage”. This gound ofthe application deserves to be rej ected as it is settled principle of law that it is not open to a party‘to the lis totask for a clarification contrary to or inconsistent with its stand taken by it in the writ proceedings. [See State of Haryana and others Vs. M.P.Mohla1,}. Thus, this Court in review should not consider new grounds which was not raised earlier in the writ petition and the applicant should not be permitted to argue the entire case aii‘esh which would amount to convert the review petition into an ap'peal and the same is not sustainable in law. (Smt. Meera Bhanjan Vs. Smt. Nirmala Kumar Choudharyz, Lily Thomas, etc. Vs. Union of India and otherss, Ajit Kumar Rath Vs. State of Orissa and others“, Government of T.N. and others Vs. M.Ananchu Asari and otherss, and Kerla State Electricity Board Vs. Hitech Electrothemiics & Hydropower Ltd and others‘.) The applicant has not pointed out any manifest error on the record and the applicant has not iinther brought into the notice, any new fact which could not be produced earlier despite diligent ed‘orts made by the applicant. It is well settled principles of law that the review proceedings are not by way of an appeal and have to be strictly confined to the scope and ambit of Order 47 Rule 1 ofthe Code of Civil Procedure, even in exercise of review jurisdiction by the High Court under Article 226 ofthe Constitution, The applicant has not produced any new ground for review, except the same gound which has been considered and decided in the writ petition. t @ . (s. K I 10. Applying the well settled principles of law to e present case, there is ho ground available for review offhe order dated 15.05‘52007, under the garb of the review application, the applicant seek an opportuniity‘to argue the entire case anesh I . which would amount to convert the review application into an appeal and the same is not sustainable in law. 11. As a result and in view ofthe foregoing, this rieview application is dismissed. No order as to costs. L—JV/‘m wpf I ‘ ‘ 31 v , Sdl- _ i Satish K.Agmhotr1 l Judge , .‘l ’ i: /« «1x3 ,a .wax/wyuk. 1 2007(1) sec 457. \ 2 Am 1995 sc 455 3 Amzooo sc 1550 4 AIR2000 SC 85 5 (m5) z sec 332 s zoos) 6 scc 651