Allahabad High Court
G.M.Zila Udhyog Kendra Barabanki vs District Judge Barabanki And 4 ... on 2 August, 2021
Bench: Irshad Ali
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 8
Case :- RENT CONTROL No. - 27 of 2008
Petitioner :- G.M.Zila Udhyog Kendra Barabanki
Respondent :- District Judge Barabanki And 4 Ors.
Counsel for Petitioner :- C.S.C,Dr.Mohd.Kamran,Satish Kumar Misra,Shafiq Mirza
Counsel for Respondent :- C.S.C.,Indrajeet Shukla,Rajesh K.Singh,Samarth Saxena,Sanjai Kumar Singh
Hon'ble Irshad Ali,J.
CMA No.78746 of 2020
1. Heard learned counsel for the applicant and learned ACSC for respondent - State.
2. This writ petition was decided finally vide order dated 17.04.2019 with a direction to Senior Superintendent of Police, Barabanki to ensure compliance of judgment and decree as well as the order passed by the appellate court and to hand over the entier possession of the property in dispute to respondent Nos.3 to 5 within a period of eight weeks from the date of production of a certified copy of the order.
3. Submission of learned counsel for the applicant is that the applicant was not party to the litigation. He further submitted that the property to which the respondents are proceeding to evict and to give possession, belongs to it, therefore, the order requires review on the ground.
4. I have considered the submissions advanced by learned counsel for the parties and perused the material on record.
5. While disposing of this petition vide order dated 17.04.2019, this Court has observed as under:
"After making submissions at length, learned counsel for the petitioner submitted that now the position on the spot is that the petitioner handed over the possession to the landlord on 19.2.2008, therefore, no cause of action survives in the present writ petition.
On the other hand, learned counsel appearing for the respondents submitted that the possession of the disputed property was handed over to him of some portion of the property and not the entire portion, therefore, the submission advanced by the learned counsel for the petitioners is not correct.
With the consent of learned counsel for the parties, this writ petition is finally disposed of with a direction to the S.S.P., Barabanki to ensure compliance of the judgment and decree as well as the order passed by the Appellate Court and hand over the entire possession of the property in dispute to respondent nos.3 to 5 within a period of eight weeks from the date of production of a certified copy of this order."
6. The respondent No.1 - District Judge, Barabanki vide order dated 07.07.2007 passed following order:
"???? ????? ?? ???? ?? ??? ??? ??????? ?? ???????? ???? ???????? 24-3-07 ?? ?????? ?? ???? ??? ??? ??????? ?? ???????? ?? ?????? ?? ???? ?????????? ???? ???? ?????
?? ?????? ?? ?? ????? ???? ???????? ???? ??. 004/07 ?????????? ???? ?????? ?????? ???? ??????? ????? ??? ?? ???????? ?? ???? ????"
7. On perusal of aforesaid, it is evident that once the applicant is not party to the proceeding, he has no right to file the review application.
8. Accordingly, the review application is hereby dismissed.
Order Date :- 2.8.2021
Adarsh K Singh
