Shameena Azmi vs Smt. Malti Devi And 5 Others
2023 Latest Caselaw 25153 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:59667
 
Court No. - 17
 
Case :- CIVIL MISC REVIEW APPLICATION No. - 111 of 2023
 
Applicant :- Shameena Azmi
 
Opposite Party :- Smt. Malti Devi And 5 Others
 
Counsel for Applicant :- Vinay Kumar Verma,Aftab Ahmad
 
Counsel for Opposite Party :- Ghufran Hussain
 

 
Hon'ble Alok Mathur,J.

1. Heard Sri Aftab Ahmad, learned counsel for the petitioner as well as Sri Ghufran Hussain for the respondents.

2.By means of the present application the applicant has sought review of the judgment and order of this Court dated 29.8.2023 passed in writ C No.7559 of 2023.

3. This Court while allowing the said writ petition was of the considered view that the order passed by District Judge, Barabanki deciding the revision under U.P. Panchayati Raj Act, 1947 had arbitrarily exercised the jurisdiction vested in him though the Prescribed Authority had finally decided the election petition. It is in aforesaid facts and circumstances that this Court had set aside the order of the District Judge and remanded the matter back to him. This Court while allowing the said writ petition in paragraph 14 had apart from setting the order of District Judge dated 28.8.2023 has also set aside the order dated 31.7.2023 passed by Sub Divisional Magistrate / Prescribed Authority, Tehsil Sirauli Gauspur, District Barabanki.

4. Therefore, both the parties have submitted that there is an error apparent on the face of the record in as much as this Court had not recorded any finding against the judgment and order of the Prescribed Authority and consequently there was no occasion for setting aside the order of the Prescribed Authority dated 31.7.2023. Accordingly, with the consent of the parties this application is being disposed of and the original order is modified by this order which is as under:-

(i) Paragraph 14 of the said judgment and order shall read as under:-

14. Consequently, the order dated 28.8.2023 passed by opposite party No.1 in Revision No.42 of 2023 is set aside.

(ii) Paragraph 16 shall read as under:-

16. The District Judge is directed to consider and decide the revision preferred by the petitioner expeditiously, say within a period of three weeks from the date a certified copy of this order is placed before him in accordance with law.

(iii) The petitioner as well as the respondent undertake to cooperate in the said proceedings.

5. Office is directed to issue fresh amended copy of this order.

(Alok Mathur, J.)

Order Date :- 18.9.2023

RKM.