Sury Kumar @ Surya Kumar Upadhyay vs State Of U.P Thru. Its Prin. Secy. ...
2023 Latest Caselaw 1496 ALL

Citation : 2023 Latest Caselaw 1496 ALL
Judgement Date : 13 January, 2023

Allahabad High Court

Sury Kumar @ Surya Kumar Upadhyay vs State Of U.P Thru. Its Prin. Secy. ... on 13 January, 2023

Bench: Manish Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 199 of 2022
 

 
Applicant :- Sury Kumar @ Surya Kumar Upadhyay
 
Opposite Party :- State Of U.P Thru. Its Prin. Secy. Deptt. Of Revenue, Lko. And Others
 
Counsel for Applicant :- Sudhir Kumar Misra
 

 
Hon'ble Manish Kumar,J.

Present review petition has been preferred for review of the judgment and order dated 16.11.2022 passed in P.I.L. No. 791 of 2022 (Sury Kumar @ Surya Kumar Upadhyay Vs. State of U.P. and others)

Learned counsel for the review petitioner has submitted that the P.I.L has been disposed of in pursuance of the instructions dated 15.11.2022 received from Tehsildar, Kadipur, Sultanpur wherein it has been mentioned that encroachment of Ram Daur was found on Gata No. 40, which has been removed. It has further been submitted that the said encroachment of respondent no. 6 has actually not been removed till date. In support of his submissions, he annexed copy of photograph as annexure no. 3 to the present review petition.

From the undated photograph annexed as annexure no. 3 to the present review petition, it could not be determined whether the said photograph is prior to the date of instructions or after the passing of the judgment and order dated 16.11.2022. It could also not be determined that whether the construction, which is shown in the photograph, is on Gata No. 40.

There is no error apparent on the face of the record in the order passed earlier, hence, no interference is required to review the judgment and order dated 16.11.2022 passed in P.I.L. No. 791 of 2022.

In view of the discussions made hereinabove, the present review petition is devoid of merit hence, it is dismissed.

At this stage, learned counsel for the review petitioner submits that a liberty may be given to him to avail the statutory remedy as permissible to him under the law. It requires no orders and the petitioner would be at liberty to avail any other remedy as and if permissible under the law.

Order Date :- 13.1.2023

Ashish