State Of U P And Another vs Dr. Om Prakash Singh
2023 Latest Caselaw 27239 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:192151-DB
 
Court No. - 40
 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 210 of 2023
 

 
Applicant :- State Of U P And Another
 
Opposite Party :- Dr. Om Prakash Singh
 
Counsel for Applicant :- Rajiv Singh
 
Counsel for Opposite Party :- Adarsh Singh,Arvind Srivastava,Ashok Kumar Dubey
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Piyush Agrawal,J.

(In Re:- Civil Misc. Delay Condonation Application)

1. This application seeking condonation of delay in filing the review application which is reported to be delayed by 621days.

2. Cause shown is sufficient.

3. Application is allowed.

4. The delay in filing the review application is condoned.

Order on Review Application

5. Heard Mr. Rajiv Singh and learned Standing Counsel for the applicant/respondents and Mr. Vijay Bahadur Singh, learned Sr. Advocate, assisted by Mr. Adarsh Singh, learned counsel for the petitioner/opposite party.

6. The present review application has been preferred against the judgment and order dated 13.7.2021 passed by a Division Bench of this Court in Special Appeal No. - 154 of 2021 (State of U.P. Through Its Principal Secretary (Higher Education) and Another Vs. Dr. Om Prakash Singh)

7. At the very outset, Mr. Vijay Bahadur Singh, learned Sr. Advocate, raised a preliminary objection regarding the maintainability of the present review application on the ground that against the order dated 13.01.2021 passed by learned Single Bench of this Court in writ petition i.e. Writ A No. - 12321 of 2019 (Dr. Om Prakash Singh Vs. State of U.P. and two others), the State has preferred the aforesaid Special Appeal which was rejected by the Division Bench by judgment and order dated 13.7.2021. Thereafter, against the aforesaid special appeal, State preferred a Special Leave Petition (Civil) No(s). 1612 of 2022 (The State of U.P. and others Vs. Om Prakash Singh) which was also rejected by the Apex Court vide order dated 29.07.2022 without grant of leave to press the review application. He submits that once the proceeding has already been finalized and without any plausible explanation the instant review application is liable to be rejected with an exemplary cost.

8. When confronted with above, learned counsel for the applicant could not overcome the same.

9. Considering the aforesaid facts and circumstances of the case, we do not find any good reason to entertain the instant review application and the same is rejected, accordingly.

Order Date :- 5.10.2023

Sachin

(Piyush Agrawal,J.) (Mahesh Chandra Tripathi,J.)