Ram Sewak vs Deputy Director Of Consolidation ...
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Allahabad High Court

Ram Sewak vs Deputy Director Of Consolidation ... on 21 November, 2024

Author: Jaspreet Singh

Bench: Jaspreet Singh

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:77100
 
Court No. - 8
 
Case :- CIVIL MISC REVIEW APPLICATION No. - 116 of 2024
 
Applicant :- Ram Sewak
 
Opposite Party :- Deputy Director Of Consolidation Sitapur And 17 Others
 
Counsel for Applicant :- Rajesh Kumar,Amitabh Pratap Singh
 

 
Hon'ble Jaspreet Singh,J.
 

Heard learned counsel for the review petitioner.

The instant review petition has been preferred seeking review of the judgment dated 22.10.2024 whereby this Court had rejected the writ petition bearing Writ B No.1019 of 2024.

Submission of the learned counsel for the review petitioner is that delay was adequately explained in the writ petition, however, that has not been appropriately considered by the Court while rejecting the petition and in such circumstances the petitioner who otherwise has a case on merit is deprived of available rights in the property in question.

Having considered the aforesaid submissions and from perusal of the judgment dated 22.10.2024 it has been specifically noticed and a clear finding has been recorded that a futile attempt was being made by the review petitioner before the writ court to cover up the limitation from the year, 1976 as per the explanation given in paragraph nos. 4 to 7 of the writ petition. The entire crux of the arguments is that the issue of condonation of delay has not been appropriately considered.

This Court having noticed the aforesaid submissions and from perusal of the material on record finds that the grounds taken do not make out a case for review.

In case, if the petitioner is aggrieved by the order, he may take recourse as may be available to him in law but nevertheless the grounds are not sufficient to entertain the review petition specially when an attempt is being made to seek rehearing on merits in the garb of review.[See: Ram Sahu and others v. Vinod Kumar Rawat and others, 2020 SCC OnLine SC 896].

This Court finds that there is no error apparent on the face of the record to entertain the review petition.

For the aforesaid reasoning, this Court is not inclined to entertain the review petition which is accordingly, dismissed.

Order Date :- 21.11.2024/Harshita