WPMS/3489/2022
2023 Latest Caselaw 3422 UK

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                                  WPMS No. 3489 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Sandeep Kothari, Advocate, for the petitioner.

Mr. G.S. Negi, Addl. C.S.C., for the State of Uttarakhand.

Mr. B.P. Nautiyal, Senior Advocate, assisted by Mr. Mohd. Matloob, Advocate, for review applicant/respondent No.3.

The learned Coordinate Bench has decided the Writ Petition by a judgment dated 4th September, 2023, wherein, the factum of possession, being that of the petitioner, was an aspect which was considered and duly pressed by the review applicant as observed in paragraphs 37 and 40 of the said judgement.

Under the pretext, that the applicant is in possession in pursuance to the freehold deed executed in his favour, which too was an issue available to the applicant at the time when the Writ Petition was argued on merits, and was considered by the learned Single Judge.

Under the garb of said plea of possession, there cannot be a review of the judgment in a manner, as if the matter required to be heard de novo.

Hence, I do not find any error in the judgment dated 4th September, 2023, to consider the review application preferred by the applicant.

The Review Application No. 7 of 2023, would stand rejected without creating any embargo as such to the review applicant to resort to his other available remedies as provided under law.

(Sharad Kumar Sharma, J.) Dated 08.11.2023 Shiv