WPMS/1038/2021
2021 Latest Caselaw 2800 UK

Citation : 2021 Latest Caselaw 2800 UK
Judgement Date : 3 August, 2021

Uttarakhand High Court

WPMS/1038/2021 on 3 August, 2021

                   Office Notes, reports,
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      03.08.2021                            WPMS No. 1038 of 2021
                                            Hon'ble Sharad Kumar Sharma, J.

(Through Hybrid Mode) Mr. Jitendra Chaudhary, Advocate, for the petitioner.

Mr. T.S. Phartiyal, Addl. CSC, for the State.

This writ petition was decided by this Court on its merit by the judgment dated 07.06.2021.

Aggrieved against the said judgment, a Special Appeal being SPA No. 180 of 2021, Smt. Gunja Rani Vs. State of Uttarakhand and others was preferred by the petitioner before the Division Bench of this Court and the Division Bench, by the judgment dated 02.07.2021, had dismissed the said Special Appeal, as withdrawn on the ground that the statement was made by the appellant's counsel therein that he does not wish to file a review application before the Division Bench against the judgment which was rendered in the earlier Special Appeal No. 20 of 2021.

It is this part of the finding which has been recorded in para 13 of the judgment dated 07.06.2021, which is being sought to be reviewed by the learned counsel for the petitioner.

The finding, which has been given therein in para 13 of the judgment, is an exclusive stand which was taken by the learned counsel for the petitioner himself which has been dealt with by the Court, and it is his statement, which has been recorded therein, which is being sought to be reviewed. I am of the opinion that the reasoning recorded, based on the statement made by the counsel, will not fall to be within the subject matter of review under Section 114 to be read with Order 47 Rule 1, as it will not amount to be falling within the ambit of an apparent error committed by the Court, which could be reviewed.

Hence, the Review Application (MCC/2/2021) lacks merits and the same is accordingly dismissed.

(Sharad Kumar Sharma, J.) 03.08.2021 Mahinder/