WPMS/237/2021
2023 Latest Caselaw 3286 UK

Office Notes, reports, orders or proceedings or No Date COURT'S OR JUDGES'S ORDERS directions and Registrar's order with Signatures I.A. No.6 of 2022 (Delay Condonation Application) MCC No.5 of 2022 (Review Application) In WPMS No.237 of 2021 Hon'ble Manoj Kumar Tiwari, A.C.J.

Mr. Rajendra Arya, Advocate, holding brief of Mr. Neeraj Garg, Advocate for the petitioner no.1.

Mr. Jay Vardhan Kandpal, Standing Counsel for the State of Uttarakhand.

2. There is delay of 102 days in filing the review application.

3. 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.

4. This application has been filed seeking review of the judgment dated 08.04.2021.

5. It is contended that Grievance Redressal Forum is not in existence, therefore, the order passed by this Court deserves to be reviewed.

6. Perused the review application filed on behalf of petitioner no.1 as well as the affidavit filed in support thereof. I have also perused the judgment under review.

7. The order sought to be reviewed was passed in the presence of learned counsel for the petitioner who, in fact, had argued that the matter be directed to be placed before the Grievance Redressal Forum, therefore, the matter cannot be permitted to be re-argued on merits, that too by some other counsel.

8. 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.

9. Learned counsel for the 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.

10. Accordingly, the review application is dismissed. However, petitioner no.1 shall be at liberty to file fresh writ petition, if cause of action survives to him.

(Manoj Kumar Tiwari, A.C.J.) 30.10.2023 Arpan