1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL REVIEW PETITION NO.170/08 IN S.B. CIVIL WRIT PETITION NO.2671/01 Date of order : 27/9/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ashok Mishra with Shri C.S. Sharma for the petitioner. ****** This review petition has been filed by Shri Naval Kishore, who was respondent no.2 in the writ petition on the premise that the order has been taken as one by consent and further that the judgement of learned Single Judge of this Court in Badri Lal Raigar vs. State & Ors.-2007 (3) RLR 200 was appealed against in which the appeal was admitted and the operation of the judgement was stayed. It was therefore prayed that the review petition may be entertained and the judgement be reviewed and recalled. A perusal of the judgment would reveal that the learned counsel for the parties agreed in so far as the controversy raised in the petition was covered by proposition of law laid down in the aforesaid judgement of Badri Lal Raigar. This order however did 2 not record any concession by the learned counsel on behalf of the respondent no.2 in the writ petition, nor did the order stated that the counsel conceded or waived the right of the respondent no.2 to contest the matter on merits. However, the fact about admission of appeal and staying the operation of the judgment of Badri Lal Raigar, was never brought to the notice of the Court when the writ petition was argued and decided and therefore it cannot be a ground for review. No error apparent on the face of record is pointed out, therefore, the review petition is dismissed. (MOHAMMAD RAFIQ), J. RS/