Review applicant challenged dismissal of Writ Petition via SLA. Court denied liberty as no factual error cited. Review dismissed for lack of ground.
Review Application dismissed
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Court No. - 45
Case :- CIVIL MISC REVIEW APPLICATION No. - 54 of 2022
Applicant :- Maulana Mohd. Riyasat Ali Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Mahabir Yadav,Ram Awtar Counsel for Opposite Party :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar Ojha,J.
Order in Delay Condonation Application
Reason shown in the Affidavit is found sufficient.
Accordingly, Delay Condonation Application is allowed.
Delay is condoned.
Order Date :- 8.4.2022 A. Mandhani
Court No. - 45
Case :- CIVIL MISC REVIEW APPLICATION No. - 54 of 2022
Applicant :- Maulana Mohd. Riyasat Ali Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Mahabir Yadav,Ram Awtar Counsel for Opposite Party :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar Ojha,J.
We had dismissed the Writ Petition of the petitioner by a detailed order dated 23.06.2021. Against the order dated 23.06.2021, petitioner filed a Special Leave to Appeal (C) No. 17282 of 2021 before the Apex Court which was got dismissed as withdrawn by extending a statement that factual inaccuracies have crept in our order and therefore, he may be given liberty to move a Review Application.
Pursuant to the liberty to move a Review Application granted by the Apex Court vide order dated 8.11.2021, this Review Application has been filed seeking a Review of our order dated 23.06.2021 passed in Writ C No. 24086 of 2019.
We have heard Sri Mahabir Yadav for the review applicant.
Despite our pointed query to Sri Mahabir Yadav to point out a factual error, if any, that may have crept in our order dated 23.06.2021, Sri Mahabir Yadav stated that there is no factual error in our order dated 23.06.2021 but he wishes to place certain documents that are there in the Writ Petition.
As it is well settled that review is not a remedy to re-hear the matter and only errors apparent on the face of the record are to be addressed which we find none, we do not find a good reason to entertain this Review Application.
The Review Application is dismissed accordingly.
Order Date :- 8.4.2022 A. Mandhani
Digitally signed by ABHISHEK MANDHANI Date: 2022.04.11 16:41:48 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the review application admits a fresh argument without pointing out any factual error apparent on the face of the record.
Whether the applicant is entitled to liberty to move a review of a SLA order dismissed as withdrawn.
Maulana Mohd. Riyasat Ali
Manoj Misra
Anil Kumar Ojha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
