Review application regarding dismissal of petition related to official accommodation was rejected as re-hearing is impermissible; no apparent error found.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:195796
Court No. - 33
Case :- CIVIL MISC REVIEW APPLICATION No. - 465 of 2023
Applicant :- Rajesh Kumar Namdev Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Niraj Tiwari Counsel for Opposite Party :- C.S.C.,Shishir Prakash
Hon'ble J.J. Munir,J.
Heard Mr. Neeraj Tiwari, learned Counsel for the petitioner in support of the review application.
Learned Counsel for the petitioner has urged grounds in review, which if considered, would amount to a re-hearing of the petitioner. That is not permissible within the scope of a review application. Mr. Tiwari has pointed out that there was some communication gap on account of which the petitioner could not vacate the official accommodation within the period of thirty days, and that weighed with this Court in dismissing the petition.
The Court has dismissed the petition because the petitioner has been in occupation of an official accommodation of the Employer, whose services he has left eleven years ago. The issue about vacating the accommodation within thirty days was a matter during the course of proceedings and not one on which right of the petitioner was determined. There is no such error apparent or other ground shown by the learned Counsel on which review may be granted within the settled parameters.
Accordingly, this review application is rejected.
Order Date :- 11.10.2023 Deepak
Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether a communication gap preventing vacating accommodation within thirty days constitutes a ground for granting review of a dismissal order.
Rajesh Kumar Namdev
Munir, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
