71.WP.3479.2017.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3479 OF 2017 Suman Ganeshrao Shejul ...Petitioner Versus Atmaram Kisanrao Lipane and Others ...Respondents *** Mr. Nitin Jagadale h/f Mr. Salunke V.D., Advocate for the Petitioner. Mrs. D. S. Jape, AGPfor Respondent – State. *** CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : APRIL 08, 2026 PER COURT : 1. Heard learned counsel for the petitioner and the learned AGP. 2. The petitioner is aggrieved by the order dated 07th January 2017 passed respondent No.3 – Secretary and Special Work Officer (Appeals), Maharashtra State, Mumbai in Review Petition No. 2016/P.K.72/J-7/P.K.-48(04) 2016/A&P, whereby respondent No. 3 allowed the review application and set aside its earlier order dated 19th September 2015. 3. Mr. Jagadale, learned counsel instructed by Mr. V. D. Salunke for the petitioner, submits that the impugned order is a clear Shrikant Malani 2026:BHC-AUG:18477 71.WP.3479.2017.odt misuse of the review jurisdiction vested in respondent No. 3. It is submitted that the order dated 19th September 2015, which was sought to be reviewed, had already been challenged before this Court by respondent No. 2 in Writ Petition No. 11386 of 2015, and this Court, by order dated 30th November 2015, dismissed the said writ petition and confirmed the order dated 19th September 2015. 4. It is further submitted that despite the said fact being specifically brought to the notice of respondent No. 3 by way of a written say filed by the petitioner, respondent No. 3 proceeded to entertain the review application and set aside the order dated 19th September 2015 which had already attained finality by virtue of the order passed by this Court. It is, therefore, submitted that the impugned order deserves to be quashed and set aside with exemplary costs. 5. Per contra, Mrs. Jape, learned AGP, supports the impugned order by contending that the order passed by this Court was not brought to the notice of respondent No. 3, and therefore, the review was decided on merits. 6. Despite service, none appears on behalf of respondent Nos. 1 and 2. Shrikant Malani 71.WP.3479.2017.odt 7. I have considered the submissions advanced by the learned counsel for the parties and perused the record. It is evident that the petitioner had filed a written say before respondent No. 3, specifically bringing to its notice that the order dated 19th September 2015 had already been confirmed by this Court in Writ Petition No. 11386 of 2015. 8. The record further indicates that the review application was heard on several dates, and despite the said fact being brought on record, respondent No. 3 proceeded to set aside its earlier order by erroneously observing that the proceedings were pending before this Court. The said observation is factually incorrect and contrary to the record. 9. Moreover, respondent No. 3 has failed to record any finding as to the existence of an error apparent on the face of the record, which is a sine qua non for exercising review jurisdiction. Thus, respondent No. 3 has clearly exceeded its jurisdiction. 10. In view of the above, the impugned order dated 07th January 2017 cannot be sustained and is liable to be set aside. Shrikant Malani 71.WP.3479.2017.odt 11. Considering that respondent No. 3, despite having knowledge of the order passed by this Court, proceeded to pass the impugned order in disregard thereof, this Court is of the opinion that the matter warrants imposition of exemplary costs. 12. Accordingly, the writ petition is allowed. The order dated 07th January 2017 passed by respondent No.3 – Secretary and Special Work Officer (Appeals), Maharashtra State, Mumbai in Review Petition No. 2016/P.K.72/J-7/P.K.-48(04) 2016/A&P is hereby quashed and set aside. 13. Respondent No. 3 – Sham Lal Goel, Principal Secretary, Revenue Department, shall pay costs of ₹ 1,00,000/- (Rupees One Lakh only) in this Court. It is made clear that the said amount shall be paid from his own pocket, and he shall not seek any reimbursement from the State Government. 14. Upon deposit, the said amount shall be transmitted to the Cancer Hospital, Chhatrapati Sambhajinagar. ( SIDDHESHWAR S. THOMBRE, J. ) Shrikant Malani