LAWS(GAU)-2012-6-109

ANUP KUMAR ROY Vs. STATE OF TRIPURA

Decided On June 20, 2012
ANUP KUMAR ROY Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) With the help of this review petition, made under Article 226 of the Constitution of India, read with Section 114 and Order XLVII of the Code of Civil Procedure, the petitioners have sought for review of the judgment and order, dated 15-09-2006, passed in Civil Rule 400/1996, whereby the Notification, dated 15-12-1995, and the order, dated 24-07-1996, which stood impugned in the said writ petition, have been set aside and quashed. I have heard Mr. Somik Deb, learned counsel for the review petitioners, and Mr. N. C. Pal, learned Senior Government counsel, appearing for the State respondents.

(2.) While considering the present review petition, it needs to be noted that, aggrieved by the judgment and order, which the petitioners seek to get reviewed, the petitioners had preferred an appeal, which gave rise to WA 66/2006, but the same was dismissed by a Division Bench of this Court by judgment and order, dated 14-11-2011.

(3.) The question, therefore, which arises for consideration, at the very threshold of this review petition, is: having already preferred an appeal and the appeal having been dismissed, whether it is still open to the appellants of the said appeal to seek review of not the judgment and order, dated 14-11-2011, passed in W.A. No. 66/2006, but of the judgment and order, dated 15-9-2006, passed in Civil Rule 400/1996, against which intra-Court appeal, as mentioned above, had been preferred and dismissed?