1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 89 of 2025 1 - Smt. Jiwanti Lakra W/o Nelson John Lakra Aged About 45 Years R/o Cheer Bagicha, Ward No. 09, Jashpur Nagar, District Jashpur Chhattisgarh 496331 (Respondent No. 08) Petitioner(s) versus 1 - Union Of India Through The Ministry Of Road Transport And Highways (S And R (P And B) Section) Transport Bhawan, 1, Parliament Street, New Delhi- 110001 (Respondent No. 01) 2 - State Of Chhattisgarh Through The Collector Jashpur, District Jashpur Chhattisgarh (Respondent No. 02) 3 - Chief Engineer Public Works Department (National Highway) Raipur Chhattisgarh (Respondent No. 04) 4 - Executive Engineer Public Works Department (National Highway Authority Of India) Division Ambikapur, Chhattisgarh (Respondent No. 03) 5 - Hindustan Petroleum Corporation Ltd. Through The Regional Manager (Retail) Bilaspur, Regional Office, Bajpai Pavilion, First Floor Vyapar Vihar Main Road Bilaspur Chhattisgarh- 495001 (Respondent No. 05) 6 - Hindustan Petroleum Corporation Ltd. Through The Deputy General Manager (Retail) Bilaspur, Regional Office, Bajpai Pavilion, First Floor Vyapar Vihar Main Road Bilaspur Chhattisgarh- 495001 (Respondent No. 06) 7 - Hindustan Petroleum Corporation Ltd. Through Sales Officer, Sales Area - Ambikapur Chhattisgarh Regional Office, Bajpai Pavilion, First Floor Vyapar Vihar Main Road Bilaspur Chhattisgarh- 495001 (Respondent No. 07) RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.04.15 10:35:37 +0530 2 8 - Jaya Swati Topno W/o Praveen Chandra Hora Aged About 47 Years R/o Kacchari Para, Jashpur, District Jashpur Chhattisgarh (Petitioner) Respondent(s) (Application for review of the order dated 21/01/2025 passed in WPC No.281 of 2025) (By circulation in chamber) S.B. :Hon'ble Shri Justice Bibhu Datta Guru 11/04/2025 1. The matter is taken up for consideration in the chamber under provisions of sub-rule (2) of Rule 90 under Chapter VI of the High Court of Chhattisgarh Rules, 2007. 2. The review petitioner (Respondent No.8 in WPC No.281/2025) seeks review of the order dated 21/01/2025 passed in WPC No.281/2025 on the ground that the said petition has been disposed of at the motion stage without affording opportunity of hearing. 3. From bare perusal of the order passed in the Writ Petition, which is sought to be reviewed herein, it is apparent that this Court had directed the Collector and Chief Engineer, National Highways, to consider and decide the representation of the Writ Petitioner, in accordance with law. This Court has not expressed any opinion on the merits of the case and it has passed the order only on the contention of the respondents’ authorities that they will consider and decide the representation of the Writ Petitioner. 4. There is no other ground pointed out by the Review Petitioner showing any manifest error on the record. It is well settled principles of law that the review proceedings are not by way of an appeal and have to be 3 strictly confined to the scope and ambit of Order 47 Rule 1 of the Code of Civil Procedure. Even in exercise of review jurisdiction by the High Court under Article 226 of the Constitution, the petitioner has not produced any ground for review. 5. It appears that the Review Petitioner by presentation of this review petition seeks an opportunity to argue the entire case afresh on merits under the garb of the review petition, which is not permissible and tenable in law. 6. It is well settled principle of law that under the garb of review petition, the Review Petitioner should not be permitted to argue the entire case afresh, which would amount to convert the review petition into an appeal and the same is not sustainable in law. {See: Meera Bhanjan v. Smt. Nirmal Kumar Chowdhary, AIR 1995 SC 455, Lily Thomas etc. v. Union of India and others, AIR 2000 SC 1650, Ajit Kumar Rath v. State of Orissa and others, AIR 2000 SC 85, Government of T.N. & Others v. M. Ananchu Asari and others, (2005) 2 SCC 332, and Kerla State Electricity Board v. Hitech Electrothermicsm & Hydropower Ltd. and others, (2005) 6 SCC 651}. 7. Accordingly, the Review Petition is rejected. However, in the interest of justice, it is made clear that before taking any decision on the representation of the Writ Petitioner, pursuant to the order of this Court dated 21/01/2025, the respondent/Collector and the Chief Engineer, National Highways, are directed to afford due opportunity of hearing to all the parties concerned and thereafter passed a reasoned and speaking 4 orders in accordance with law and on its own merits. The Review Petitioner is also at liberty to submit relevant documents relating to the subject issue before the aforesaid authorities. The entire exercise be completed within a period of 30 days from the date of receipt of copy of this order. 8. Copy of this order be supplied to the parties along with copy of order dated 21/01/2025 passed in WPC No. 281/2025. Sd/- Sd/- (BIBHU DATTA GURU) JUDGE Gowri/ Rahul