Allahabad High Court
State Of U.P. Thru. Prin. Secy. ... vs Suresh Chandra Mishra on 22 June, 2021
Bench: Sanjay Yadav, Chief Justice, Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Chief Justice's Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 558 of 2019
Appellant :- State Of U.P. Thru. Prin. Secy. Revenue, Lucknow & Ors.
Respondent :- Suresh Chandra Mishra
Counsel for Appellant :- C.S.C.
Counsel for Respondent :- A.P. Singh
Hon'ble Sanjay Yadav,Chief Justice
Hon'ble Ramesh Sinha,J.
Matter taken up through video conferencing.
Heard learned Standing Counsel for the appellant.
Shri A.P. Singh, learned counsel appear for the respondent.
This appeal is directed against the order dated 7.8.2019 passed in Writ Petition no. 27726 of 2017(S/S) (Suresh Chandra Mishra Vs State of U.P. and others). The principle grievance raised on behalf of appellant is that the learned Single Judge glossed over the order dated 16.7.2012 passed in Writ Petition No. 7495 (S/S) of 2008 whereby claim of the petitioner for regularization was declined on merit.
Be that as it may, if the petitioner is saying that the said judgement was pressed in service and was ignored, the petition has a remedy of seeking review of the order passed by learned Single Judge.
It is held in Daman Singh and Others V. State of Punjab and Others, AIR 1985 SC 973:
"13.The final submission of Shri Ramamurthi was that several other questions were raised in the writ petition before the High Court but they were not considered. We attach no significance to this submission. It is not unusual for parties and counsel to raise innumerable grounds in the petitions and memoranda of appeal etc. , but , later , confine themselves , in the course of argument to a few only of those grounds , obviously because the rest of the grounds are considered even by them to be untenable. No party or counsel is thereafter entitled to make a grievance that the grounds not argued were not considered. If indeed any ground which was argued was not considered it should be open to the party aggrieved to draw the attention of the court making the order to it by filing a proper application for review or clarification. The time of the superior courts is not to be wasted in inquiring into the question whether , a certain ground to which no reference is found in the judgment of the subordinate court was argued before that court or not ?"
When the submission put forth by learned counsel for the appellant is adjudged on the anvil of principle laid down by the Hon'ble Supreme Court, we deem it appropriate, at this stage to permit the petitioner to withdraw the special appeal and seek review of the order passed in the writ petition.
In view of the above, appeal stands dismissed as withdrawn.
Order Date :- 22.6.2021
Kirti
(Ramesh Sinha, J) (Sanjay Yadav, C.J.)
