SACHIN Vs. DR. PANJABRAO

JUDGEMENT

(1.) W.P. No. 2412/2020 has been instituted by Shri Sachin Rameshwarrao Bhople seeking the following relief: -

(2.) Since order has been claimed for a declaration is prayed for quashing and/or setting aside the judgment and order passed by a coordinate Bench of this Court, on the ground of alleged misrepresentation, Mr. Sudame, learned advocate representing the respondents 5 to 7 has raised a preliminary objection to the maintainability of the writ petition. According to him, the judgment and order dated February 27, 2020 by which the petitioner feels aggrieved has attained finality by reason of no appeal being carried therefrom to the Supreme Court as well as no review application having been filed in line with the principles flowing from sec. 114 read with Order XLVII of the Code of Civil Procedure. These being the remedies made available by law to the petitioner, it is contended that he ought to have elected one such remedy but writ remedy is not available to him in the circumstances. He also contends that relief as claimed by the petitioner cannot be granted since it is not open to us to quash and/or set aside the judgment and order of a co-ordinate Bench in exercise of judicial review powers; if at all the petitioner is aggrieved, his remedy lies elsewhere. It is, thus, prayed that the writ petition be dismissed.

(3.) Mr. Khedkar, learned advocate representing the petitioner counters such preliminary objection by placing reliance on a decision of the Supreme Court reported in (2007) 14 SCC 108 : Deepa Gourang Murdeshwar Katre vs. Principal, V.A.V. College of Arts and others. According to him, the said decision is an authority for the proposition that if an order has been passed by a Court of law based on fraud or misrepresentation, the Court can recall its order in exercise of its inherent power. It is, therefore, submitted that this Court may examine whether the contention of the petitioner that the judgment and order dated February 27, 2020 was obtained by misrepresentation has substance or not; if yes, the Court may proceed to grant such relief as it may consider appropriate in the circumstances.