Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:49263
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 325 of 2025 Babulal Jaiswal S/o Late Shri Shivbalak Aged About 45 Years Caste Kalaar R/o Village Masaura, Police Station Janakpur, District M.C.B. (C.G.)
... Petitioner(s) versus 1 - Kalawati Jaiswal Wd/o Late Shri Ramprasad Jaiswal Aged About 67 Years R/o Bazar Dafai, Rajnagar, Police Station Rajnagar,
Tehsil
Kotma,
District
Anuppur,
(M.P.) 2 - Sadhna Jaiswal Wd/o Late Shri Surjit Jaiswal Aged About 34 Years Occupation Housewife R/o Bazar Dafai, Rajnagar, Police Station Rajnagar, Tehsil Kotma, District Anuppur, (M.P.) 3 - Anil Kumar Mishra S/o Kamlesh Prasad Mishra R/o Janakpur, Tehsil Bharatpur, District Manendragarh-Chirmiri-Bharatpur (Mcb) (C.G.) 4 - Collector District Manendragarh-Chirmiri-Bharatpur (Mcb) (C.G.) 5 - Tahsildar, Bharatpur District Manendragarh-Chirmiri-Bharatpur (Mcb)
(C.G.) 6 - Deputy Registrar, Bharatpur District Manendragarh-Chirmiri- Bharatpur (Mcb) (C.G.).
... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioner : Mr. Akhil Kumar Samantray, Advocate (through VC) assisted by Mr. Abhijeet Mishra, Advocate. For Respondent-State : Mr. Soumitra Kesharwani, PL. -----------------------------------------------------------------------------------------
2 Hon'ble Shri Arvind Kumar Verma, Judge
Order on Board 25.09.2025
1. Petitioner has filed this petition for review of order dated 19.08.2025 passed by this Court in Writ Petition (C) No. 4430/2025 (Babulal Jaiswal v/s Kalawati Jaiswal & Others). 2. Learned counsel for the petitioner contended that petitioner's case (WPC/4430/2025) was listed before this Court on admission on 19.08.2025 and this Court by its oral observation held that writ petition was not maintainable against the award passed by the Lok Adalat, therefore, writ petition may be disposed of while granting liberty to the petitioner to file a Civil Suit before the Competent Court raising all such facts & grounds (which are mentioned in writ petition), however, when the order dated 19.08.2025 (Annexure P/1) was uploaded on the website, it is seen by the Petitioner that it has been held by the Court "the Petitioner wishes to withdraw the writ petition seeking liberty to file a civil suit, therefore, the writ petition is dismissed as withdrawn giving the said liberty to the Petitioner." Said order is contrary to what was observed by this Court at the time of admission/hearing on 19.08.2025. Learned Counsel further contended that at the time of hearing, he never sought or argued for the writ petition to be withdrawn in the first place. Since the observation made by this Court in order dated 19.08.2025 may come in hindrance while filing a civil suit
3 challenging the award passed by the Lok Adalat especially on the ground of limitation, hence, the Petitioner has filed this petition for review of order dated 19.08.2025 for recording of correct observations in the said order. 3. Learned State Counsel supports the order dated 19.08.2025 passed by this Court in WPC No.4430/2025. 4. Heard learned counsel for the parties. 5. Vide order dated 19.08.2025 in WPC No.4430/2025, this Court has passed the following order:
“1. Learned counsel for the petitioner prays to withdraw the present petition with liberty to file civil suit before the competent court. 2. As prayed, the present petition is dismissed as withdrawn with the aforesaid liberty.”
6. By way of this review petition, learned counsel for petitioner has invited attention of this Court to the mistake which has occurred in transcribing the order, which was dictated in open Court.
When the concerned Stenographer, who took the dictation, is confronted, after going through her note book/diary, she admits that due to inadvertence, the words 'raise all his grievances as raised before this Court’ omitted to be typed during transcription. The omission went unnoticed when I signed the order. 7. Be that as it is, the fact remains that the order, which was passed by this Court and dictated in the open Court has not been carried
4 in the written order. Therefore, the error crept in order under review being purely an inadvertent error on the part of Stenographer, needs to be corrected. 8. Accordingly, it is ordered that Para-1 of the order dated 19.8.2025 passed in WPC No.4430/2025 shall stand replaced/substituted as follows:-
“Learned counsel for the petitioner prays to withdraw the present petition with liberty to file civil suit before the competent court and raise all his grievances as raised before this Court’’. 9. A copy of this order be placed in WPC No.4430/2025 and also supplied alongwith copy of order dated 19.8.2025. 10. With the aforesaid modification, review petition is allowed and
disposed of. CC as per rules. Sd/-
Sd/- (Arvind Kumar Verma)
Judge J/-