Kunti @ Janak Lali (In Wric 20808 Of ... vs Avnish Kumar Pandy
2022 Latest Caselaw 4799 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 95 of 2022
 

 
Applicant :- Kunti @ Janak Lali (In Wric 20808 Of 2018)
 
Opposite Party :- Avnish Kumar Pandy
 
Counsel for Applicant :- Rajendra Prasad Mishra
 
Counsel for Opposite Party :- Prabhat Kumar Upadhyay,Amit Kumar Singh
 

 
Hon'ble Rajeev Singh,J.

Heard Shri Prabhat Kumar Upadhyay, learned counsel for the review-applicant and Shri Ram Milan Yadav, learned Standing Counsel for the State.

This application has been filed to review the judgment and order dated 01.04.2022 passed in Writ Petition (C) No. 20808 of 2018. A further prayer has been sought to dismiss the said petition.

Learned counsel for the review-applicant (respondent no. 2 in Writ Petition (C) No. 20808 of 2018) submits that Writ Petition (C) No. 20808 of 2018 was filed by respondent no. 2, Avnish Kumar Pandey (petitioner in Writ Petition (C) No. 20808 of 2018), challenging the cancellation of fair price shop, which was allowed by this Court vide order dated 01.04.2022. It is further submitted that aforesaid petition was earlier dismissed for want of prosecution on 29.09.2021, for which, a recall application bearing No. 137083 of 2021 was filed by the Avnish Kumar Pandey and vide order dated 09.11.2021, notice was issued to the respondent no. 4 (review-applicant herein). Submission of the leaned counsel for the applicant is that without deciding the said application No. 137083 of 2021, the petition was allowed, which is not permissible in the eyes of law. It is also submitted that there is no illegality in the order passed on 01.04.2022, as the recall application was decided, but order could not be transcribed.

Considering the arguments advanced by the learned counsel for the review-petitioner/respondent no. 4 as well as learned Standing Counsel and going through the record of writ petition, it is evident that petition was dismissed for want of prosecution on 29.09.2021. It is also evident that for recall of the said order, a recall application No. 137083 of 2021 was moved, on which, notice was issued to the review-petitioner. However, the petition was allowed without deciding the said application for recall of the order dated 29.09.2021.

In view of above facts and discussions, order dated 01.04.2022 passed by the writ Court is hereby recalled. The review petition is allowed.

Office is directed to list the Writ Petition (C) No. 20808 of 2018 before the appropriate Court.

Order Date :- 31.5.2022

VKS