Dismissed

U.P. Forest Corporation Lko. Thru. Its Managing Director and Others v. Vinod Kumar

Allahabad HC1 Jul 2024/113/2024

Case brief

AI extract

What is this about?

This order condones the delay in filing a review application. Subsequently, the review petition is dismissed as it is devoid of merit since the grounds raised were never taken or argued during the hearing of the original writ petition and no error is apparent on the face of the record.

What did the court decide?

Delay in filing the review application was condoned, but the review application was dismissed for lack of merit as grounds were not previously raised.

U.P. Forest Corporation Lko. Thru. Its… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:44581

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Court No. - 19

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Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 113 of 2024

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Applicant :- U.P. Forest Corporation Lko. Thru. Its Managing Director And Others

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Opposite Party :- Vinod Kumar

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Counsel for Applicant :- Krishana Kumar Singh

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Hon'ble Manish Kumar,J.

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(C.M. Application No.1 of 2024)

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This is an application for condonation of delay in filing the review application.

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The reason shown in the affidavit filed alongwith the delay condonation application is sufficient.

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Learned counsel for the respondent has no objection to the delay condonation application.

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Accordingly, the delay in filing the review application is condoned.

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(Order on Review Application)

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Heard learned counsel for the Review applicant and perused the record.

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The present review petition/ application has been preferred for reviewing the judgement and order dated 1.3.2024 passed in Writ-A No.1604 of 2024 ( Vinod Kumar vs. State of U.P. & Ors.) on numerous grounds, but none of the grounds taken in the present review application / petition was ever taken or argued at the time of hearing of the writ petition.

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The petitioner is the respondent in the writ petition. The judgement which is under review was passed in pursuance of judgement passed by learned Single Judge in some other writ petition, which was challenged in the special appeal by the Forest Department and the same was upheld by the Division Bench of this Court and the benefit of the same was given by the judgement dated 1.3.2024 which is under review. The

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learned counsel for respondent at the time of argument in the writ petition i.e. the present review applicant was unable to distinguish the judgement relied and had also not prayed for time for filing counter affidavit.

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The no new plea or grounds can be entertained for review of the judgement when such grounds were not raised and argued at the time of hearing of the writ petition. There is no error apparent on the face of the record.

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In view of the above, no interference is required in the judgement dated 1.3.2024 passed by this Court. The review petition/ application is devoid of merit and is accordingly dismissed.

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Order Date :- 1.7.2024 S. Kumar

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Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

U.P. Forest Corporation Lko. Thru. Its Managing Director and Others v. Vinod Kumar

Case brief

What is this about?

What did the court decide?

U.P. Forest Corporation Lko. Thru. Its Managing Director and Others v. Vinod Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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