WPMS/1742/2022
2022 Latest Caselaw 3772 UK

              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                  COURT'S OR JUDGES'S ORDERS
No
             and Registrar's
                order with
               Signatures
                               MCC No. 2 of 2022 (Review Application)
                               I.A. No. 3 of 2022 (Delay Condonation Appl.)
                               In
                               WPMS No. 1742 of 2022
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Vikas Kumar Guglani, Advocate for the petitioner.

Mr. Yogesh Chandra Tiwari, Standing Counsel for the State of Uttarakhand.

Mr. S.K. Mandal, Advocate for review applicants/respondent nos.2 & 5.

Heard learned counsel for the parties. There is delay of 4 days in filing the review application.

Reasons furnished in the affidavit filed in support of delay condonation application are sufficient to allow the application. Consequently, delay condonation application is allowed and the delay in filing the review application is condoned.

Also heard on review application. Perused the review application filed on behalf of the respondent nos. 2 & 5 as well as the affidavit filed in support thereof. I have also perused the judgment under review.

It is settled position in law that review cannot be treated as an Appeal in disguise. An order, which is erroneous, can only be challenged by filing an Appeal. Review of an order can be made only when there is some error apparent on the face of record. It is not a case herein.

Learned counsel for the review applicants has also not been able to point out any error apparent on the face of record, which may warrant invocation of review jurisdiction.

Accordingly, the review application is dismissed. However, it is made clear that review applicants shall not be dispossessed based on the order in demarcation proceedings and the review applicants shall be at liberty to file objection in proceedings under Section 41 of Land Revenue Act.

Time granted by this Court vide order dated 25.08.2022 for deciding petitioner's demarcation application, is extended till 15.03.2023.

(Manoj Kumar Tiwari, J.) 23.11.2022 Arpan