State Of U.P. Thru. Secy. Irrigation ... vs Smt. Nirmala Devi And 3 Others
2024 Latest Caselaw 17574 ALL

Allahabad High Court

State Of U.P. Thru. Secy. Irrigation ... vs Smt. Nirmala Devi And 3 Others on 16 May, 2024

Author: Alok Mathur

Bench: Alok Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:37672
 
Court No. - 7
 

 
Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 86 of 2024
 

 
Applicant :- State Of U.P. Thru. Secy. Irrigation Deptt. Lko. And Another
 
Opposite Party :- Smt. Nirmala Devi And 3 Others
 
Counsel for Applicant :- C.S.C.
 

 
Hon'ble Alok Mathur,J.
 

C.M.Application No. 1 of 2024 for condonation of delay in filing the present review petition.

1. Heard Sri Mohit Jauhari, learned counsel for the applicant as well as learned Standing counsel.

2. The cause shown for the delay in filing the review application is sufficient. The application is allowed. The delay is condoned.

Order on memo of the review application.

1. Heard Sri Mohit Jauhari, learned counsel for the applicant as well as learned Standing counsel.

2. Instant review application has been filed seeking review of the order dated 2.5.2023 passed in Writ A No.2071 of 2003. The only ground urged by learned counsel for the review is that as per the contract entered into between the petitioner and the contractor there was stipulation in clause 17 that in case there is any accident then the entire responsibility would be of the contractor and not of the department. In the aforesaid facts, it was stated that in the present case the respondent in the writ petition had met with an accident during the course of employment and died on the spot due to the injuries receive by him and in view of the aforesaid circumstances specially considering clause 17 the liability would not be of the review-applicant and in this regard it is noticed that the Court has already considered the submission of the petitioner and it has already been provided that it is always open for the petitioner to recover the amount of compensation granted to family of the deceased from the contractor by restoring to due process of law.

4. No other ground was urged by learned counsel for the review -applicant.

5. This Court after hearing learned counsel for the parties and perusing the records does not find any merit or infirmity in the judgment and order dated 2.5.2023.

6. In light of the above, the review application is without merits and is accordingly rejected.

(Alok Mathur, J.)

Order Date :- 16.5.2024

RKM.