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Bombay High Court

AMBADAS RAJARAM TALANKARversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The review application is dismissed as no apparent error of law is found in the impugned order.

Summary

Ambadas Rajaram Talankar filed a review application challenging the High Court's order dated 13 June 2025 in his writ petition against the State of Maharashtra. The court examined the scope of review jurisdiction, emphasizing that it is limited to correcting apparent errors of law that cause manifest injustice. Citing Lily Thomas v. Union of India and State of Telangana v. Mohammad Abdul Karim, the court held that a party cannot re‑agitate grounds already considered in the original proceeding. The applicant failed to demonstrate any error of law apparent on the face of the record. Consequently, the review application was dismissed without any order as to costs.

Issues considered

  • The scope and limitations of a review petition under civil procedure
  • Whether an apparent error of law exists in the impugned order
  • Whether a party may re‑agitate grounds already raised in the original writ petition

Subjects

  • review jurisdiction
  • error of law
  • writ petition
  • condonation of delay
  • civil application
  • limited scope of review

Judgment

2026:BHC-AUG:6946-DB



                                                               CA (Review) No. 1841.2026
                                                -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                       CIVIL APPLICATION NO. 1841 OF 2026
                                       IN
               REVIEW APPLICATION (CIVIL)(ST) NO. 37560 OF 2025 IN
                         WRIT PETITION NO. 13888/2021

                               AMBADAS RAJARAM TALANKAR
                                         VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS

                                              ***
              Advocate for the Applicant : Mr. P. B. Waghmare
              AGP for Respondents-State : Mr. K. B. Jadhavar

                                               ***

                                 CORAM : S. G. CHAPALGAONKAR AND
                                         SACHIN S. DESHMUKH, JJ.


                                    Dated : 17th February, 2026


              ORDER (Per : Sachin S. Deshmukh, J) :-


              Civil Application No. 1841 OF 2026

              1.           Heard.


              2.           For the reasons stated in the application, the civil

              application for condonation of delay is allowed.


              Review Application (Civil)(St.) No. 37560/2025

              1.           The   applicant   seeks    review   of   the   order   dated

              13.06.2025 rendered by this Court in Writ Petition No. 13888 of

              2021.
                                               CA (Review) No. 1841.2026
                                  -2-


2.          Heard the learned counsel for applicant.



3.          Having considered the contentions put forth by the

learned counsel for applicant, we have perused the order under

review.



4.          It is well settled law that review petition has very

limited scope and party seeking review cannot canvas the original

proceeding as like the writ petition before the Court, as has been

laid down by the Hon’ble Apex Court in the case of Lily Thomas

Vs. Union of India (AIR 2000 SC 1650).



5.          It is further well settled position of law that the scope

of review jurisdiction is limited only to correct the error of law

leading to manifest injustice, as has been reiterated by the Hon’ble

Apex Court in the case of State of Telangana Vs. Mohammad

Abdul Karim [(2024)6 SCC 461].



6.          The learned counsel for applicant has attempted to re-

agitate and re-argue the ground mentioned in the writ petition. As

stated hereinabove, it is trite that it is not open for any of the party

to re-agitate the grounds those are already raised and considered
                                               CA (Review) No. 1841.2026
                                  -3-

while deciding the original proceeding.



7.            An error on the face of record must be such an error

which, mere looking at the record should strike and does not

require any long-drawn process of reasoning on the points where

there may conceivably be two opinions. The same is attempted by

the learned counsel for applicant by filing this review application, is

impermissible in law. The applicant is unable to point out error

much less error of law, apparent on the face of record.



8.            In view of the afore-stated aspect, no error is noted in

the order dated 13.06.2025 under review.



9.            Resultantly, the review application sans merit and

accordingly, the same stands dismissed. However, no order as to

costs.




(SACHIN S. DESHMUKH, J.)                (S. G. CHAPALGAONKAR, J.)


Omkar Joshi


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