The Executive Engineer, Tubewell ... vs Abu Sufian
2023 Latest Caselaw 21457 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:160471
 
Court No. - 75
 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 349 of 2023
 

 
Applicant :- The Executive Engineer, Tubewell Division
 
Opposite Party :- Abu Sufian
 
Counsel for Applicant :- Suresh C. Dwivedi
 
Counsel for Opposite Party :- Suryaprakash Sharma
 

 
Hon'ble Pankaj Bhatia,J.

Order on I.A. No.NIL of 2023:

1. The application seeks condonation of delay in filing review application.

2. Cause shown is sufficient.

3. The application is allowed.

4. Delay in filing review application is condoned.

Order on review application:

1. The present review application has been filed seeking review of the order dated 16.12.2022 passed in Writ-A No.17543 of 2021.

2. The contention of the Counsel for the applicant is that the amount in excess was paid and was being sought to be recovered in view of the subsequent judgment of the Hon'ble Supreme Court dated 22.01.2016 passed in Special Leave to Appeal No.883 of 2016 (State of Uttar Pradesh and others vs Munna Lal Trivedi and others).

3. All these arguments were considered by this Court while passing the order dated 16.12.2022. The review application filed by the applicant does not fall within the scope of review as defined under Section 114 of C.P.C.

4. In view of above, the review application is rejected.

Order Date :- 9.8.2023

nishant