Smt. Jamuna Devi (In Spla 657 Of ... vs State Of U.P.Thru.Secretary ...
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:51623-DB
 
Court No. - 2
 

 
Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 57 of 2022
 

 
Applicant :- Smt. Jamuna Devi (In Spla 657 Of 2012)
 
Opposite Party :- State Of U.P.Thru.Secretary Basic Education, Civil Secretariat Lko. And Others
 
Counsel for Applicant :- Santosh Kumar Shukla
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Narendra Kumar Johari,J.

Heard Sri Mayur Gautam, learned counsel for the applicant.

This review application has been filed against the judgment and order dated 15.5.2019 passed in Special Appeal Defective No. 657 of 2012 (Smt. Kewla Devi & another Vs. State of U.P. through Secretary Basic Education & others) whereby the Special Appeal arising out of Writ Court's order passed on 20.3.2008 was dismissed.

We take notice of the fact that the writ petition filed by the review petitioner was dismissed on the ground of heavy latches of 20 years. The special appeal arising therefrom and instituted with 5 years delay was also dismissed on merit by condoning the delay.

The present review petition is also barred by limitation and has been instituted with a delay of 349 days, which excludes the period as was exempted in the suo motu petition by Hon'ble the Apex Court.

The cause shown in the affidavit filed in support of delay condonation application is not sufficient. In absence of any plausible explanation for condonation of delay in filing the review petition, the civil misc. delay condonation application no. 1 of 2022 is rejected.

Consequently, the review application is also rejected.

Order Date :- 4.8.2023

Anuj Singh