Review Petition No.72 of 2008. 15.12.2008. Present: Mr.R.M.Bisht, Dy.A.G. for the petitioners. Mr.Anoop Rattan, CGSC for respondent No.1. Mr.K.D.Sood, counsel for the respondent No.4. CMP (M) No.1150 of 2008: Heard. For the reasons stated in the application the delay in filing the Review Petition is condoned. Application is disposed of. Review Petition No.72 of 2008 & CMP Nos.955 & 956 of 2008: By means of the main Review Petition the petitioners seeks review of the findings given by a learned Single Judge in his judgment dated 19.8.2003 passed in Civil Writ Petition No.812 of 2001 as affirmed by us in LPA No.23 of 2004 decided on April 10, 2008. The main point on which the review is being sought is that the expansion unit set up by the ACC is not an independent unit and cannot be registered separately. The learned Single Judge had held that this unit to be a separate unit. This finding of the learned Singh Judge was challenged by the Union of India but not by the State of Himachal Pradesh though it was a party to he writ petition. It is urged before us that the judgment of the learned Single Judge could not be so challenged because the State of Himachal Pradesh was sued through the Department of Industries and not through the Excise Department. The Excise Department was not a necessary or proper party in the said proceedings. The State was represented in the case. The Industries Department admitted that the expansion Unit was treated as a separate unit. The State now cannot be permitted to shift the blame from one Department to another. In any event, we have only upheld the order of the learned Single Judge. In a Review Petition we cannot now review the order of the learned Single Judge which was not challenged by the State before us. The State, if it is aggrieved, can challenge the matter before the Apex Court but this Review Petition is definitely not maintainable, especially in view of the fact that there is no error apparent on the face of the record as per the material paced before this Court in writ petition and on appeal. Therefore, the Review Petition and all the applications are dismissed. ( Deepak Gupta),J. December 15, 2008 ( Rajiv Sharma ),J. PV