WPSS/1822/2017
2021 Latest Caselaw 3476 UK

WPSS No.2010 of 2016
With
WPSS No.1822 of 2017
Hon'ble Ravindra Maithani, J.

Mr. Bhupesh Kandpal and Mr. Hem Chandra Joshi, Advocates for the petitioners.

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

Mr. Kailash Chandra, Advocate holding brief of Mr. Gopal Kumar Verma, Standing Counsel for the State of Uttar Pradesh.

Review application is filed of Order dated 22.12.2017, passed by this Court in WPSS No.2010 of 2016 and connected matter. This writ petition was decided along with other writ petition. It was appeal in Special Appeal No.422 of 2018, which was also dismissed on 12.06.2018.

It is the case of the petitioner that subsequently, State challenged this matter before the Hon'ble Supreme Court, which was heard along with Civil Appeal No.6798 of 2019 and decided on 02.09.2019. It is the case that the claim of the petitioner was upheld.

Review has been sought on the ground that while deciding instant petition along with other connected matters, the Court quoted relief of the connected matters and that is how, the State is denying the fruits of the Judgment and Order dated 22.12.2017, passed in WPSS No.2010 of 2016.

The Court is not dealing with any statutory rules or any policy matters of the Government. It is a petition under Article 226 of the Constitution of India. Equity and fair play has a great role to play in such matters.

There are two issues, which falls for consideration:-

(1) If order passed in a writ petition is challenged in the special appeal and further taken to the Hon'ble Supreme Court in SLP and the Hon'ble Supreme Court grants leave and decide the appeal. Can't the order passed in a writ petition get merged in the Judgment and Order of the Hon'ble Supreme Court, passed in the appeal? And if so, how is review maintainable?

(2) How could State deny the fruits to the petitioner merely, on the ground that the relief of the petition has not been quoted in the Judgment and Order dated 22.12.2017, passed in the instant writ petition? Has not State got the copy of the writ petition of WPSS No.2010 of 2016? If so, whether the State is still in doubt as to what was the prayer of the petitioner?

A responsible officer of the State shall file a short affidavit on the point no.2, as above within a period of 07 days.

Thereafter, this review petition will be heard on 22.09.2021.

(Ravindra Maithani, J.) 06.09.2021 Sanjay