Chhattisgarh High Court

Writ appeal disposed of per precedent on review jurisdiction while exempting respondent from costs.

AJIT KUMAR TIWARI vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 02, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant, Ajit Kumar Tiwari, filed a Writ Appeal (WA No. 106 of 2026) against the State of Chhattisgarh and the Chhattisgarh Infrastructure Development Corporation (CIDC).

Source reference: para 1

Accompanying the appeal was I.A. No. 01/2026, an application seeking condonation of an 87-day delay in filing the appeal.

Source reference: para 1

The Court allowed the application and condoned the delay.

Source reference: para 2

The appellant contended that the subject matter of the appeal was identical to a previous matter decided by the same Division Bench on February 13, 2026, in Priya Devi v. State of Chhattisgarh and others (WA No. 127 of 2026).

Source reference: para 4

The respondent State did not dispute this factual similarity.

Source reference: para 5
02

Issues

1. Whether the instant Writ Appeal should be disposed of in accordance with the judgment delivered in Priya Devi v. State of Chhattisgarh and others (WA No. 127 of 2026).

Source reference: para 4, 6

2. Whether the punitive costs imposed on the respondent corporation (CIDC) in the Priya Devi case should be applied to the present matter.

Source reference: para 6
03

Law Applied

Principle of judicial precedence and consistency, ensuring that identical legal issues are resolved through the same judicial reasoning established in prior contemporary judgments (specifically Priya Devi v. State of Chhattisgarh and others).

Source reference: para 4

Duty of statutory corporations to act with "responsibility and fairness" and provide "due diligence" when assisting the Court.

Source reference: para 4, quoting para 16 of the cited judgment
04

Reasoning

The Court noted the consensus between the parties that the issues involved were squarely covered by the decision in WA No. 127 of 2026.

Source reference: para 4-5

In the cited precedent (Priya Devi), the Court had scrutinized the conduct of the CIDC for failing to provide adequate instructions and relevant materials to the Writ Court, which resulted in avoidable review petitions and appeals.

Source reference: para 4, quoting para 16 of the cited judgment

While the Court in the present case agreed that the substantive merits of the appeal were identical to the precedent, it determined that the specific circumstances of the current appeal did not warrant the same financial penalty (costs) previously imposed on the CIDC in the Priya Devi matter.

Source reference: para 6
05

Holding

The High Court condoned the filing delay and disposed of the Writ Appeal in terms of the judgment passed in Priya Devi v. State of Chhattisgarh and others (WA No. 127 of 2026).

The Court issued a specific holding that the directions regarding the imposition of costs (Rs. 50,000/-) against Respondent No. 2, as contained in paragraphs 17 and 18 of the Priya Devi judgment, shall not apply to the present case.

Source reference: para 6
Chhattisgarh High Court

Original Court PDF

AJIT KUMAR TIWARIvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 02, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment