Anil Kumar Singh vs Excise Commissioner, Up ...
2023 Latest Caselaw 3127 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 
Case :- CIVIL MISC REVIEW APPLICATION No. - 177 of 2022
 
Applicant :- Anil Kumar Singh
 
Opposite Party :- Excise Commissioner, Up Allahabad And 3 Others
 
Counsel for Applicant :- Amit Gupta,Yogendra Mishra
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned Counsel for the applicant.

The present review application has been filed seeking review of the order dated 14.09.2022 whereby the writ petition preferred by the petitioner was dismissing holding that as the petitioner had run the shop in question despite there being no license in his favour, which is prohibited under Section 21 of the United Provinces of Excise Act, no relief could be granted to the applicant-petitioner.

The Counsel for the applicant argues that the judgment dated 15.10.2009 passed in Writ Petition No.5114 (MS) of2008 (Dhanpal Singh and another vs State of U.P. and others) could not be noticed by the Counsel and could not be placed when the matter was finally decided, as such, the matter requires to be reviewed.

The said contention is liable to be rejected on two grounds as within the scope of review as provided under Order 47 read with Section 114 of CPC, the discovery of the judgment cannot be termed as discovery of the material which could not be placed and the discovery of important material of evidence which could not be found with the exercise of due diligence.

The Counsel for the petitioner also places reliance upon the Government Order dated 03.05.2003.

Considering the fact that this Court while deciding the issue, had rejected the submission of the Counsel for the petitioner based upon reading of Rule 12 of the Rules, the review on the ground as filed deserves to be dismissed, however, the petitioner, if so advised, may initiated appropriate proceedings for the benefits of the Government Order dated 03.05.2003.

The review application stands dismissed.

Order Date :- 30.1.2023

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