WPSS/4328/2018
2021 Latest Caselaw 422 UK

MCC No. 19831 of 2021
In
WPSS No. 4328 of 2018
Hon'ble Sharad Kumar Sharma, J.

Mr. Alok Mahra, Advocate for the petitioner.

Mr. R.C. Arya, Standing Counsel for the State of Uttarakhand.

The Writ Petition was decided by this Court, by the judgment dated 21st December, 2018, along with the Writ Petition No. 4328 of 2018.

When the Writ Petition was taken up, the respondents were represented through the Deputy Advocate General, who had admitted the fact that the issue involved adjudication was covered by an earlier judgment which was rendered in Writ Petition No. 1176 of 2017, Umrao Singh Rawat and others Vs. State of Uttarakhand and another, as well as, the judgment of Writ Petition No. 665 of 2010, Udai Veer Singh and others Vs. State of Uttarakhand and others.

Since, it was a judgment passed with the consent and an admission which was made by the Deputy Advocate General, this Court is apprehensive that for the ground which was now taken in the application for review would at all be tenable. Hence, I do not find any merit in the review application.

Apart from it, the learned counsel for the petitioner had referred to yet another judgment, which was rendered by this Court in Writ Petition No. 121 of 2019, Leeladhar Satyawali and others Vs. State of Uttarakhand and others, and has submitted, that on the same issue in that Writ Petition, also a review was preferred, which was rejected by this Court on 20th March, 2020, and the judgment sought to be reviewed therein, i.e. 10th January, 2019, has already been complied with.

In view of the aforesaid reasons also, the present review, being Review Application No. 19831 of 2021, would not be sustainable. Hence, the Review Application would stand rejected and the Delay Condonation Application, which has been filed in support thereto and for the reason given therein, would stand allowed and the delay would stand condoned.

Review Application stands dismissed, as it lacks merits.

(Sharad Kumar Sharma, J.) Dated 23.02.2021 Shiv