Review Petition Format Supreme Court

Format of Review Petition seeking review of Judgment/ order passed by the Supreme Court.

SYNOPSIS

The Petitioner preferred this Review Petition to seek review of the Order dated _______20_______ passed by this Hon'ble court in the Petition for Special Leave to Appeal in Dairy No _______ of 20_______ on the ground of error apparent on the face of the record. The Petitioner through this Review Petition seeks to raise the following points, which, escaped the attention of this Hon'ble Court.

At the outset, while dismissing the Writ Petition (C) _______ of 20_______, the Hon'ble High Court of ___ has failed to take note of the skillful circumvention and meticulous circuition adopted by the Respondents to overcome the Hon'ble High Court's own earlier orders in the same subject matter.
Further, non-adherence of prior conditions and stipulations mandated by various statutory authorities for safeguarding the public interest in the subject matter is also escaped from the attention and consideration of the Hon'ble High Court despite Hon'ble High Court mandated the Respondents to observe them in its earlier orders concerning the same subject matter.
Hence, the decision taken by this Hon'ble Court not to interfere with the impugned judgement of Hon'ble High Court of __________ by the order dated _______20_______ is, apart from becoming an error apparent on the face of record, going against the public interest and fundamental rights of the citizen.
The Special Leave Petition was preferred by the Petitioner to draw the kind attention of this Hon'ble court and to thwart the eminent and imminent danger to the Petitioners, the larger public, residents, hundreds of commuting school children including mentally challenged children from the nearby special school due to the decision of Respondent Municipality to reopen an earlier abandoned narrow stretch of 1.5 km length and average 5 meter width road for heavy vehicular movement without embarking upon the widening activities as mandated to it by various statutory authorities.
This road was earlier abandoned in _______ due to its incapacity to accommodate density and frequency of heavy vehicular movement and a new bypass road with average __ meters width was constructed and is still in operation. But, the decision to bring back heavy vehicular movement by reopening the abandoned road is taken by the Municipality to facilitate, inter alia, the operationalization of a private bus stand fixed in the middle of huge shopping complexes situated on the narrow stretch of this road apart from perpetuating vested economic interest as against the public interest and safety.
Various authorities such as Revenue Divisional Officer, Chief Town Planner, Regional Transport Authority, Advocate Commissioner appointed by the Hon'ble High Court of _______________ had decided and recommended against the reopening of the abandoned narrow road for any heavy vehicular movements unless various construction and widening activities as stipulated by them are adhered to.
But the Respondent Municipality had been attempting to circumvent these stipulations multiple times and multiple ways. At every occasion, either any statutory body or Hon'ble High Court of __________ prevented the Respondent and protected the public interest.
The Hon'ble High Court in its earlier orders had made it clear that the permissions from the statutory authorities, such as Regional Transport Authority (RTA), are necessary to reopen the narrow road and to operationalize the private bus stand and such permissions were made contingent upon the widening of the road and fulfillment of other conditions.
Yet, the respondent Municipality without undertaking adequate expansionary activities decided to reopen the earlier abandoned narrow road for heavy vehicular movement and decided to operationalize the private bus stand by a decision taken in the meeting of ____________ of the Municipality.

Apart from the aforementioned factual circumstances of the subject matter concerning the protection and safety of the public at large, which escaped the attention of the Hon'ble High Court and this Hon'ble Court, the error apparent on the face of record is further manifested in the way the Hon'ble High Court dealt the matter while dismissing the Writ Petition.
The respondent Municipality admitted and adverted that the decision was taken by the ____________ of the Municipality but the Hon'ble High Court erroneously construed ____________ as Traffic Regulatory Committee under the Kerala Police Act 2011 while passing the impugned judgement. Consequently, the Hon'ble High Court erroneously conferred Regulatory powers on an Advisory body not having any statutory backing. This aspect also escaped the attention of this Hon'ble Court while passing the impugned order dated _______20_______.
There is, thus, error apparent on the face of the record. This Hon'ble court is agreed with the view of the High Court in the impugned judgement. With respects, it is submitted that, the view of the Hon'ble High Court of __________ goes against its own earlier orders in the same subject matter apart from a colossal failure in safeguarding the fundamental rights of the citizen.

However, having regard to the decision of the Hon'ble Supreme Court of India, it is humbly submitted that it is a fit case where the impugned order dated _______20_______needs to be reviewed in the context of protection of fundamental rights of the citizen apart from correctly interpreting the distinction between the Traffic Regulatory Committee constituted under Kerala Police Act 2011 and the ____________ constituted by the Municipality without any statutory backing.

LIST OF DATES AND EVENTS
Year 19____
_____________ Road when it touches _______ town, average width of the road is only 5 metres. On opening of the spacious new bypass road, the old narrow road was closed for heavy vehicular traffic to prevent danger to the public and residents.
_______19_______

Diversion of traffic from narrow stretched road to newly constructed bypass road was against the commercial interest of some vested interests.
_______20_______

A Writ Petition W.P.(C) No. _______/20_______ was filed by the residents challenging the construction of new private bus stand on the side of the narrow road. Hon'ble High Court of ___ disposed of the Writ Petition by stipulating Panchayat can operationalise the Bus stand only after obtaining necessary permissions from the Regional Transport Authority (RTA).

___04. 20_______
Petition for Special Leave to Appeal with Dairy No, _______ of 20_______ filed by the Petitioner against the judgment of Hon'ble High Court is dismissed by this Hon'ble Court. The Impugned dismissal Order dated _______20_______ is Annexed here and marked as ANNUXURE P-___

Hence, this Review Petition.

IN THE SUPREME COURT OF INDIA
ORDER XLVII RULE 1
INHERENT JURISDICTION
(UNDER ARTICLE 137 OF THE CONSTITUTION OF INDIA)

REVIEW PETITION (CIVIL) NO. _______ OF 20_______

IN

SPECIAL LEAVE PETITION (CIVIL) DAIRY No. _______ OF 20_______

(Seeking review of the Order dated _______20_______ passed by this Hon'ble Court in Special Leave Petition (Civil) Dairy No. _______ of 20_______, arising out of the Judgment dated _______20_______ in Writ Petition No. _______of 20_______passed by the Hon'ble High Court of ____ at _______)

IN THE MATTER OF:
                                                    POSITION OF PARTIES
S.No
                                                    HIGH COURT SUPREME COURT
1. _______                                     NOT A PARTY PETITIONER NO. 1

VERSUS

1. _______ RESPONDENT NO. 1 RESPONDENT NO. 1

(All Respondent are contesting Respondents).

REVIEW PETITION UNDER ARTICLE 137 OF CONSTITUTION OF INDIA, PART IV, ORDER XLVII OF SUPREME COURT RULES, 2013 AND UNDER ORDER 47 RULE 1 OF CPC AND SECTION 151 OF CPC FOR REVIEW OF ORDER DATED _______20_______ IN SPECIAL LEAVE PETITION (CIVIL) DAIRY NO. _______ OF 20_______.

To
The Hon'ble Chief Justice of India and
his Lordship's companion Justices of the
Hon'ble Supreme Court of India

The humble petition of the Petitioner above named:

MOST RESPECTFULLY SHOWETH:
1. That the Petitioner preferred this Review Petition to seek review of the Order dated _______20_______ passed by this Hon'ble court in the Petition for Special Leave to Appeal in Dairy No _______ of 20_______ on the ground of error apparent on the face of the record. The Petitioner through this Review Petition seeks to raise the following points, which, escaped the attention of this Hon'ble Court.

2. That the Petitioner craves leave of this Hon'ble Court to refer and rely on the Special Leave Petition and the contents thereof (including facts and grounds) as they are not being reproduced here for the sake of brevity.

3. That the Petitioner respectfully submits that while dismissing the Writ Petition (C) _______ of 20_______, the Hon'ble High Court of __________ has failed to take note of the skillful circumvention and meticulous circuition adopted by the Respondents to overcome the Hon'ble High Court's own earlier orders in the same subject matter.
4. That the non-adherence of prior conditions and stipulations mandated by various statutory authorities for safeguarding the public interest in the subject matter is also escaped from the attention and consideration of the Hon'ble High Court despite Hon'ble High Court mandated the Respondents to observe them in its earlier orders in the same subject matter.

5. That it is respectfully submitted that the decision taken by this Hon'ble Court NOT to interfere with the impugned judgement of Hon'ble High Court of __________ by the order dated _______20_______ is, apart from becoming an error apparent on the face of record, going against the public interest and fundamental rights of the citizen.

6. That the Special Leave Petition was preferred by the Petitioner to draw the kind attention of this Hon'ble court and to thwart the eminent and imminent danger to the Petitioners, the larger public and residents.

7. Therefore, it is further submitted that, apart from the aforementioned factual circumstances of the subject matter concerning the protection and safety of the public at large which escaped the attention of the Hon'ble High Court and this Hon'ble Court, the error apparent on the face of record is further manifested in the way the Hon'ble High Court dealt the matter while dismissing the Writ Petition.

8. That having regard to the decision of the Hon'ble Supreme Court of India, it is humbly submitted that it is a fit case where the order dated _______20_______ needs to be reviewed in the context of protection of fundamental rights of the citizen apart from correctly interpreting the distinction between the ______________ and the ____________ constituted by the Municipality without any statutory backing.

9. That the Petitioners state that no other petition seeking review of the impugned order dated _______20_______ in Special Leave Petition (Civil) Dairy No. _______ of 20_______ has been filed.

PRAYER

It is, therefore, most respectfully prayed that your lordships may be pleased to:
(i) Allow the Review Petition seeking review of the impugned order dated _______20_______ passed by this Hon'ble Court rendered in Petition for Special Leave to Appeal (Civil) Dairy No. _______ of 20_______, and/or;

(ii) Pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE REVIEW PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.

FILED BY:

______________
ADVOCATE FOR THE PETITIONERS

Drawn by: _______
Drawn on : _______ _______20_______
Filed on : __th _______20_______
Place : ______