Bombay High Court

REVAJI KARBHARI WALUNJversusTHE HONBLE MINISTER FOR REVENUE AND FOREST DEP AND ORS

Disposal: DISPOSED OFF

Holding

The High Court dismissed the review application, finding no apparent error warranting interference with its earlier order.

Summary

The applicant, Revaji Karbhari Walunj, filed a review application seeking recall of the High Court's order dated 11 June 2026 in Writ Petition No. 9801 of 2019, alleging that the Court had decided on matters beyond the limited issue and had recorded findings on the merits, thereby precluding any civil court remedy. The respondent State, through its Advocate General, and other respondents contended that the Court had fully considered all aspects and issued a detailed, merit‑based order with no error. The Court examined the review petition, noted that a detailed order had indeed been passed, and found no apparent error or jurisdictional lapse. Consequently, the Court held that there was no ground to interfere with its earlier order. The review application was therefore dismissed.

Issues considered

What is the appropriate ground for granting a review of a High Court order in a writ petition?
Whether the High Court erred by deciding issues beyond the limited scope of the writ petition and thereby precluding civil court jurisdiction.

Subjects

review
writ petition
jurisdiction
civil court remedy
merits
order recall
high court

Judgment

2026:BHC-AUG:42714
                                                1 of 2                 04-Review.172.2026



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                         4 REVIEW APPLICATION (CIVIL) NO. 172 OF 2026
                                      IN WP/9801/2019

                                    REVAJI KARBHARI WALUNJ
                                              VERSUS
               THE HONBLE MINISTER FOR REVENUE AND FOREST DEP. AND ORS.
                                                 ...
               Mr. Vasant Digambarrao Salunke, Advocate for Applicant.
               Mr. B. A. Shinde, AGP for Respondent-State.
               Mr. S. R. Andhale, Advocate for Respondent Nos.5 and 6 in WP.
                                                 ...

                                        CORAM :          SIDDHESHWAR S. THOMBRE, J.
                                        DATE     :       11th SEPTEMBER, 2026

               P.C.:-

               1.        By this application, the Applicant is seeking review of the

               order passed by this Court in Writ Petition No.9801 of 2019 dated

               11.06.2026.

               2.        Mr. Salunke, learned Advocate for the Applicant/Appellant

               contended that before this Court, in the writ petition, the order passed

               by the Hon’ble Minister was assailed, whereby the delay was condoned.

               However, according to him, this Court, without considering the limited

               issue involved in the writ petition, decided the matter on all the issues.

               He submits that the observations made by this Court regarding the

               availability of a remedy of approaching the Civil Court are also not

               proper. He submits that once this Court has recorded findings on

               merits, even the Civil Court would not be in a position to go beyond
                                           2 of 2                  04-Review.172.2026



          the observations made by this Court. Therefore, he submits that the

          order passed by this Court needs to be recalled.

          3.        Per contra, Mr. S. R. Andhale, learned Advocate for

          Respondent Nos.5 and 6 in the writ petition submits that when the

          matter was heard on 11.06.2026, this Court had considered all the

          aspects of the matter and passed a detailed order. He submits that

          there is no apparent error warranting recall of the order passed by this

          Court, particularly when the matter was decided on merits.

          4.        Having heard the learned Advocates for the respective parties

          and with their able assistance, I have gone through the copy of the

          application seeking recall/review of the order. I find that this Court had

          considered the matter and passed a detailed order. I do not find any

          apparent error committed by this Court warranting interference with

          the said order.

          5.        Hence, no case is made out to interfere with the order dated

          11.06.2026 passed by this Court in Writ Petition No.9801 of 2019.

          6.        Hence, the present application is dismissed.


                                             (SIDDHESHWAR S. THOMBRE, J.)

Tauseef

Continue reading with your account

Checking your session…