Citation : 2021 Latest Caselaw 2970 ALL
Judgement Date : 23 February, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- CIVIL MISC REVIEW APPLICATION No. - 30 of 2021 Applicant :- Abul Rahman Khan Opposite Party :- State Of U.P.Thru Chief Secy. Lucknow & Ors. Counsel for Applicant :- Prabhat Kumar,Shailesh Kumar Pathak Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Manish Kumar,J.
Heard Shri Prabhat Kumar, learned counsel appearing for the review applicant.
This writ petition seeks review of the judgment and order dated 22.01.2021 passed by this Court in Writ Petition No. 1813 (M/B) of 2021 thereby a liberty was given to the petitioner of the writ petition to approach the District Magistrate concerned for redressal of his grievances by making representation.
The District Magistrate has further been directed to look into the grievances of the petitioner by taking recourse to the mechanism, as available in the Government Order dated 01.05.2017, to take appropriate action.
While giving the aforesaid direction, this Court in its order dated 21.01.2021 has specifically recorded that no finding was given as to the merits of the claim of the respective parties. The Court in its order dated 21.01.2021 had also provided that District Magistrate while hearing the petitioner of the writ petition shall also give opportunity of hearing to the present review applicant namely Abul Rahman Khan.
The apprehension of the review applicant ,at this juncture, is that on account of the order dated 21.01.2021 passed by this Court, the claim/case of the review applicant-Abul Rahman Khan will not be considered.
The aforesaid apprehension of the review applicant does not have any basis for the reason that the Court in its order dated 21.01.2021 itself had directed that district magistrate while considering the application to be preferred by the petitioner in the writ petition shall provide adequate opportunity of hearing to the present review applicant i.e. Abul Rahman Khan.
In view of the aforesaid, we are not inclined to entertain this petition, which is hereby dismissed.
It is needless to say that district magistrate while considering the application/representation to be preferred by the petitioner i.e. Sana Ulla shall give adequate opportunity of hearing and putting his case to the review applicant namely Abul Rahman Khan as well.
Order Date :- 23.2.2021
Ashish
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