WPMS/1636/2021
2021 Latest Caselaw 4720 UK

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                                     MCC No.01 of 2021 (Review Application)
                                     In
                                     WPMS No.1636 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Shailendra Nauriyal, Advocate, for the petitioner.

Ms. Indu Sharma, Brief Holder, for the State of Uttarakhand.

This writ petition was decided finally by this Court vide judgment dated 25.08.2021. Against which the Special Appeal was preferred by the petitioner being Special Appeal No.309 of 2021, which was dismissed as withdrawn on 23.09.2021, with the liberty to file a review on.

The review, which has been sought by the petitioner is that as a consequence of the taking over of the land by the respondents allegedly belonging to the petitioner, as back as in the year 1977 to 1979, the respondents had proceeded to make the allotments of land, under the terms of the Policy framed in the year 1983, and as a consequence thereto, in the year 1984, the land was allotted to the other brothers of the petitioner, but not to the petitioner.

It is this fact, which the petitioner wants to rectify by review application, that in fact he was not an allottee of the land, as a consequence of the taking over of the land in 1977- 1979, and its not a case where he wants himself to be reallocated a land adjoining to the land of his brothers.

Even if that mistake is there. First of all, it was not attempted to be earlier argued in the matter when the matter was decided on 25.08.2021. Even for a moment, if this Court ignores the said aspect that the petitioner was not an allotte of the land, and he wanted an allotment of a land adjoining, to the allotted land of his brother, as a consequence of taking over the land in 1977-1979, under the policy of 1983, the petitioner's claim would be barred by laches. The petitioner cannot on his own wisdom or convenience raise a claim for the allotment after the elapse of more than three decades of taking over of a land by the respondents. Hence, I am not inclined to interfere in the review application. The review application is accordingly rejected.

(Sharad Kumar Sharma, J.) 24.11.2021

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