LAWS(ORI)-2009-3-98

MAMATA MOHANTY Vs. STATE OF ORISSA AND ORS.

Decided On March 24, 2009
Mamata Mohanty Appellant
V/S
State of Orissa and Ors. Respondents

JUDGEMENT

(1.) THE writ Petitioner has filed this review petition seeking review of the order dated 25.06.2008, passed in W.P.(Crl.) No. 54 of 2008, on the following grounds:

(2.) THE exercise of power of review of a order/judgment passed in a writ petition under Article 226 of the Constitution has been clarified by the Supreme Court in the case of Shiv Deo Singh v. State of Punjab AIR 1963 SC 1908, wherein the Hon'ble Court observed that there is nothing in Article 226 of the Constitution to preclude a High Court from exercising the power of review which inheres in every Court of plenary jurisdiction to prevent miscarriage of justice or to correct grave or palpable errors committed by it.

(3.) THE scope of review came up for consideration before the apex Court in the case of Thungabhadra Industries Ltd. v. The Government of Andhra Pradesh, represented by the Deputy Commissioner of Commercial Taxes, Anantapur : AIR 1964 SC 1372, wherein the Supreme Court held as follows: