The Executive Engineer, Tubewell ... vs Dev Singh
2023 Latest Caselaw 21693 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:161960
 
Court No. - 75
 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 321 of 2023
 

 
Applicant :- The Executive Engineer, Tubewell Division, Fatehpur
 
Opposite Party :- Dev Singh
 
Counsel for Applicant :- Suresh C. Dwivedi
 

 
Hon'ble Pankaj Bhatia,J.

I.A. No. Nil of 2023

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

2. The delay in filing review application is condoned.

3. The present review application has been filed seeking review of the order dated 05.12.2022 passed in Writ-A No.8236 of 2022.

4. 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).

5. All these arguments were considered by this Court while passing the order dated 05.12.2022. The review application filed by the applicant does not fall within the scope of review as defined under Section 114 of C.P.C.

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

Order Date :- 10.8.2023

S.A.