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State Of Assam v. Ripa Sarma

Gauhati High Court
Feb 26, 2010

Application is filed with the prayer as follows:-

“It is therefore prayed that Your Lordships may be pleased to admit this petition and issue notice to the respondents to show cause as to why the judgment and order dated 20-11-2007 passed by this Hon'ble Court in W.A No. 279/2007 shall not be reviewed and set aside, dismissing the writ appeal; And on hearing such cause or causes as may be shown by the Respondent, Your Lordships may be pleased to set aside the aforesaid judgment and order and dismiss the writ appeal. And/or may be pleased to pass such or further orders as Your Lordships may deem fit and proper.”

Though the application is filed as a review application, in substance, the applicant seeks a re-hearing of the WA No. 279/2007 on the basis of certain facts, which were not brought to the notice of the court at the time of hearing of the appeal. We are afraid that such a re-hearing is not within the scope of the review application. Review application is, therefore, dismissed.

In view of dismissal of the review application, Registry is directed to list the writ petitions before appropriate Bench.