SHAKUNTALA KOCHHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition was dismissed vide judgment dt.14-4-1975 delivered by a Division Bench of this Court. The petitioner filed a civil review petition No.9 of 1975 which was disposed of on 20-12-1976 by the same Division Bench. The review order dt. 20-12-1976 reads as follows:- By this review application, the applicant, Smt. Shakuntala Kochhar, prays for review of our order dt. April 14, 1975 dismissing Civil Writ Petition No.114 of 1972. It is claimed by the applicant that relief was sought in the writ petition against the recovery of Rs.8,900/- and of damages for use and occupation of the property in dispute, and that when judgment was delivered disposing of the writ petition the consideration of that relief was omitted. It is prayed that the order dismissing the aforesaid writ petition be set aside in so far as the prayer for that relief has not been considered. We have heard learned counsel for the parties, and have also consulted the notes recorded by us of the arguments during the hearing of the writ petition. We are satisfied that the relief mentioned above was omitted from consideration at the time when the judgment was delivered. In the circumstances, we set aside the order dismissing the aforesaid writ petition in order that the relief claimed by the applicant be considered and disposed of. We direct that the writ petition shall be restored to its original number and the case be re-listed for hearing in regard to the aforesaid relief claimed by the applicant.

(2.) In the aforesaid circumstances, the present writ petition was listed before us for decision on the limited question with respect to (a) the recovery of Rs.8900/-, and (b) damages for use and occupation of the property in dispute.

(3.) The facts of the case need not be stated as these have been given in detail in the order dt. 14-4-1975.