Allahabad High Court
Rameshwar Kumar Mishra vs State Of U.P. Thru. Prin. Secy. , ... on 10 May, 2023
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:31990
Court No. - 4
Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 101 of 2023
Applicant :- Rameshwar Kumar Mishra
Opposite Party :- State Of U.P. Thru. Prin. Secy. , Irrigation And Water Resources Deptt. Lko. And Others
Counsel for Applicant :- Meenakshi Singh Parihar
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri H.G.S. Parihar, learned Senior Advocate assisted by Ms. Meenakshi Singh Parihar, learned counsel for the applicant and the learned Standing Counsel for the State.
Learned Senior Advocate has submitted that challenging the order dated 28.3.2023 passed by this Court in two writ petitions bearing Writ-A No. 19464 of 2020 ( Rameshwar Kumar Mishra vs. State of U.P. and others) & Writ-A No. 7361 of 2020 (Ram Raj vs. State of U.P. & others) thereby both the writ petitions have been dismissed by this Court has filed two Special Appeals bearing Special Appeal Nos. 197 of 2023 and 195 of 2023. The special appeal of the present petitioner was dismissed being withdrawn vide order dated 28.4.2023 giving him liberty to file review application before the Court who has passed the order dated 3.3.2020. However, in the special appeal filed by another petitioner Ram Raj counter affidavit and rejoinder affidavit have been called.
Pursuant to the aforesaid permission / liberty being given by the Hon'ble Division Bench the petitioner has filed the present review application along with application for condonation of delay explaining the delay in filing review application. The anxiety of the learned Senior Advocate is that against the same judgment and order dated 29.9.2023 one special appeal is pending consideration whereas the special appeal of the present petitioner has been dismissed being not pressed giving liberty to file review application for the judgment dated 3.3.2020. The aforesaid order dated 3.3.2020 has been passed by me (Rajesh Singh Chauhan, J.).
Before considering the argument of learned Senior Advocate about the delay in filing this review application one pin-point query has been put up to the effect that against the order dated 16.10.2020 whereby the direction was issued by the competent authority to lodge F.I.R. against the petitioner which has been assailed by the petitioner by filing Service Single No. 19464 of 2020 wherein he was granted interim order on 9.11.2020 he has other alternative remedy to seek appropriate relief for the petitioner before the competent court of law, learned Senior Advocate has stated that on account of impugned order dated 16.10.2020 the present petitioner may suffer irreparable loss and injury whereas the another person Ram Raj has got order from this Court.
However, after arguing at some length the learned Senior Advocate has requested that he may be permitted to not press this review application and he may be given liberty to file appropriate petition before the appropriate court of law.
Considering the aforesaid innocuous request of learned Senior Advocate this review application along with condonation of delay application is dismissed being not pressed and the applicant may approach the appropriate court of law by filing appropriate petition for redressal of his grievance.
.
(Rajesh Singh Chauhan, J.)
Order Date :- 10.5.2023
Om
