Partly allowed

Shri Chandra Bali Junior High School Shahapur, Thru. Manager Chandrika Prasad Mishra v. State of U.P. Thru. Its Secy. Basic Education Lko. and 2 Others

Allahabad HC21 Feb 2024/21/2024

Case brief

AI extract

What is this about?

The High Court allowed an interim application condoning delay for filing a review, but subsequently dismissed the review application itself, holding that coordinating judgments taking different views on the same order do not constitute error apparent on the face of the record.

What did the court decide?

Delay condoned for filing review; however, the review application itself is dismissed.

Shri Chandra Bali Junior High School… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:15309

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Court No. - 5

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Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 21 of 2024

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Applicant :- Shri Chandra Bali Junior High School Shahapur, Thru. Manager Chandrika Prasad Mishra Opposite Party :- State Of U.P. Thru. Its Secy. Basic Education Lko. And 2 Others

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Counsel for Applicant :- Ram Ji Trivedi

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Hon'ble Abdul Moin,J.

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(I.A. 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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Heard.

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On due consideration, the application is allowed and the delay in filing the review application is hereby condoned.

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Order on review application

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Heard learned counsel for the applicant.

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Instant review application has been filed contending that of the various grounds on which the writ petition filed by the petitioner had been dismissed by this Court vide judgment and order dated 29.03.2022 one of the grounds was that keeping in view the Government Order dated 14.07.2020 the institution cannot be taken in grant in aid.

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The argument while filing the instant review application is that a coordinate bench of this Court has taken a different view while considering the Government Order dated 14.07.2020 and as such it is prayed that keeping in view the subsequent judgment of this Court interpreting the said Government Order differently the order of this Court be reviewed.

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Once admittedly even as per the grounds raised by the learned counsel for applicant in the review application a different view of the Government Order dated 14.07.2020 has been taken vis-a-vis some other judgment which has been passed by this Court wherein another view has been taken of the same Government Order the same would not fall within the

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purview of there being an error apparent on the face of record.

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Considering the aforesaid, no case for review is made out. Accordingly, the review application is dismissed.

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Order Date :- 21.2.2024 A. Katiyar

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Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench

Shri Chandra Bali Junior High School Shahapur, Thru. Manager Chandrika Prasad Mishra v. State of U.P. Thru. Its Secy. Basic Education Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Shri Chandra Bali Junior High School Shahapur, Thru. Manager Chandrika Prasad Mishra v. State of U.P. Thru. Its Secy. Basic Education Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Shri Chandra Bali Junior High School Shahapur, Thru. Manager Chandrika Prasad Mishra vs State of U.P. Thru. Its Secy. Basic Education Lko. and 2 Others