BHUNESHWAR JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(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 seeks review of the order dated 13.08.2012 passed in W.P. (S) No. 3114 of 2012 (Bhuneshwar Jain v. State of Chhattisgarh & Others), by this Court, wherein the petition was dismissed as withdrawn.

(3.) ON perusal of the order dated 13.08.2012, it is apparent that the same was passed on a specific request made by learned counsel for the petitioner. Now, learned counsel submits that the intention of the petitioner was to file a fresh petition after withdrawing the said petition. The counsel for the petitioner neither expressed nor submitted before this Court that he intended to file a fresh petition, at the time of hearing. The order sought to be reviewed, was passed in the open court without any objection of the counsel for the petitioner. The counsel for the petitioner is expected to be fair and honest, after having made oral request for passing the order. This act amounts to unfair practice and blowing hot and cold together at the writ petition stage and thereafter, in the review petition, which must be deprecated. Thus, there is no reason to amend or modify the order dated 13.08.2012.