Allahabad High Court
Geetanjali Shukla And 3 Others vs State Of U.P. Thru. Prin. Secy. ... on 13 December, 2022
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 5
Case :- CIVIL MISC REVIEW APPLICATION No. - 196 of 2022
Applicant :- Geetanjali Shukla And 3 Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Basic Education, Lko. And 3 Others
Counsel for Applicant :- Himanshu Raghave
Hon'ble Rajnish Kumar,J.
This review petition has been filed for review of the judgment and order dated 20.10.2022 passed in Writ A No.5830 of 2021 (Prateek Gupta and others versus State of U.P. & Ors.).
Sri Himanshu Raghave, learned counsel for the applicants submits that the petitioners had filed writ petition prior to judgement and order dated 14.09.2021 rendered in a bunch of writ petitions, leading of which is Special Appeal No.274 of 2020 (Amit Shekhar Bhardwaj versus State of U.P. and 2 others), therefore the petitioners are also entitled for the benefit of the said judgment. He also submits that relying on the said judgment, the order has been passed in Writ A No.2347 of 2021 (Anshuman Pal and 82 others versus State of U.P. and 2 others) giving the benefit of the said judgment. Therefore the submission is that since the writ petition of the petitioners was pending on the date of judgment rendered in the case of Amit Shekhar Bhardwaj (supra) on 14.09.2021, therefore the petitioners are also entitled for the benefit of the said judgment.
Having considered the submissions of learned counsel for the applicants, I have perused the records.
The petitioners had filed the writ petition prior to 14.09.2021, when the judgment was rendered in the case of Amit Shekhar Bhardwaj (supra), but no orders were passed in the case of the petitioners. In the meantime, a Division Bench of this Court, in the case of Tiwari Manish and others versus State of U.P. and others; Special Appeal Defective No.1048 of 2021(O & M) passed the order dated 08.03.2022 considering the judgment rendered in the case of Amit Shekhar Bhardwaj(supra), which was rendered on the basis of consent and took a different view. Thus, relying on the judgement and order dated 08.03.2022 passed in the case of Tiwari Manish(supra) the judgment and order dated 20.10.2022 was passed in Writ A No.6066 of 2021 of petitioners as the same holds the field at the relevant point of time of decision of case.
In view of above, this Court does not find any error apparent in the order sought to be reviewed.
So far as the reliance placed by learned counsel for the applicants on the judgment and order dated 14.09.2022 passed in Writ A No.2347 of 2021(Anshuman Pal and 82 others versus State of U.P. and 2 others) is concerned, the same has been passed by a Coordinate Bench of this Court. It appears that the subsequent judgment rendered in the case of Tiwari Manish and others versus State of U.P. and others was not placed before the said Court because the same has not been considered.
In view of above, the review petition is misconceived and lacks merit. It is accordingly dismissed.
...................................................................(Rajnish Kumar, J.)
Order Date :- 13.12.2022
Haseen U.
