WPSS/1661/2022
2023 Latest Caselaw 1123 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  I.A. No. 2 of 2022 (Delay Condonation Appl.)
                                  MCC No.1 of 2022 (Review Application)
                                  In
                                  WPSS No.1661 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. B.M. Pingal, Advocate for the petitioners.

Mr. Narain Dutt, Brief Holder for the State of Uttarakhand.

Mr. I.D. Paliwal, Standing Counsel for the State of Uttar Pradesh.

Heard learned counsel for the parties.

There is delay of 13 days in filing the review application.

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

3. This application (MCC No. 1 of 2022) has been filed seeking review of the judgment dated 01.09.2022.

4. Perused the review application filed on behalf of State of Uttar Pradesh as well as the affidavit filed in support thereof. I have also perused the judgment under review.

5. 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.

6. Learned Standing Counsel for the State of Uttar Pradesh/review applicant has also not been able to point out any error apparent on the face of record, which may warrant invocation of review jurisdiction.

7. Accordingly, the review application is dismissed.

(Manoj Kumar Tiwari, J.) 25.04.2023 Arpan