State Of U.P. Through Principal ... vs Kanhaiya Lal And 10 Others.
2023 Latest Caselaw 14266 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- SPECIAL APPEAL No. - 83 of 2001
 

 
Appellant :- State Of U.P. Through Principal Secy Deptt Of Revenue U.P.
 
Respondent :- Kanhaiya Lal And 10 Others.
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- S.A.Zilani,A.P.Singh,J.P.Singh,Pramendra Kumar Singh,Pushpila Bisht,R.G.Misra,Ram Kumar,Sangeeta Chandra,Sushil Kumar
 

 
Hon'ble Rajan Roy,J.

Hon'ble Manish Kumar,J.

(Review Application No. 37499 of 2020)

This review application has been filed on 12.06.2020 seeking review of the judgment dated 29.08.2014 passed in Special Appeal No. 83 of 2001.

There is a delay of almost eight years. Moreover against the aforesaid judgment dated 29.08.2014, an SLP was filed by the appellant bearing No. 5908 of 2015 which was dismissed on 10.04.2015 in the following terms:-

"Delay condoned.

The special leave petition is dismissed.

However, the question of law will be left over."

The question of law involved therein has already been leftover meaning thereby it can be raised and considered in other matters whether they be a writ Court or in appeal and the judgment dated 29.08.2014 by itself in view of the observations made therein would not be binding on such question of law, as submitted by Ms. Pushpila Bisht, counsel for private respondent no. 11.

Considering the inordinate delay of 8 years and after taking into consideration the explanation offered which we do not find to be satisfactory, we see no reason to entertain this review application at this belated stage.

Application for condonation of delay (C.M. Application No. 37498 of 2020) is rejected. Consequently, review application also stands rejected.

Order Date :- 5.5.2023

Nitesh