A mere repetition of old and overruled arguments is not sufficient for exercising review jurisdiction.: Jammu Kashmir and Ladakh High Court

The Jammu Kashmir and Ladakh High Court passed a judgement on the 9th of December, 2022 in which the review petition was dismissed. This was seen in the case of Naveen Kumar Katoch & ors vs UT of J&K & Ors. (RP No.39/2022, C/W, RP No.51/2022, RP No.53/2022, RP No.55/2022, RP No.56/2022, RP No.57/2022, RP No.58/2022, RP No.59/2022). The case was presided over by The Honourable Mr Justice Sindhu Sharma and The Honourable Mr Justice Sanjay Dhar.


The petitioners have filed instant review petitions against the judgment and order passed by the same Court in a bunch of Letters of Patent Appeals. Although a number of grounds have been projected in the review petitions during the course of arguments, the petitioners laid stress on the following grounds:

  • That the observation of this Court in the judgment under review that the judgment is judgment in personam and not judgments in rem is not in accordance with law and, as such, the impugned judgment deserves to be reviewed.
  • That some of the review petitioners like Naveen Kumar Katoch, were figuring in the wait list of the Naib Tehsildar issued by the Selection Board and, as such, they had no cause to approach the Court immediately after the selection process was over, therefore, dismissal of their writ petition on the grounds of delay and laches is not in accordance with law.
  • That the review petitioners are seeking enforcement of their fundamental rights and, thus, principle of delay and laches cannot be applied to their cases in view of the law laid down by the Supreme Court


The court was of the opinion that all the contentions raised by the petitioners before the Division Bench have been appropriately dealt with in the judgment and order under review and they do not find any error apparent on the face of the record that would warrant interference by the Court in the exercise of its review jurisdiction. They did not find any merit in these review petitions. Hence, the same was dismissed.

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