Court dismissed review application seeking reconsideration of order dismissing writ petition, finding no error on face of record and holding review jurisdiction narrow.
Review petition dismissed; impugned order and cost of Rs.50,000/- upheld.
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Neutral Citation No. - 2024:AHC-LKO:73164
Court No. - 8
Case :- CIVIL MISC REVIEW APPLICATION No. - 112 of 2024
Applicant :- Keshav Prasad And Others Opposite Party :- Consolidation Commissioner, Lucknow And Others Counsel for Applicant :- Rahul Roshan Dubey,Amit Kant Saxena,Ghanshyam Shukla Counsel for Opposite Party :- Mohan Singh
Hon'ble Jaspreet Singh,J.
Heard Sri Rahul Roshan Dubey learned counsel for the review petitioners. The instant review petition has been preferred seeking review of the judgment and order passed by this Court dated 23.09.2024 whereby the petition of the review petitioners was dismissed with the cost of Rs.50,000/-.
Submission of learned counsel for the review petitioners is that there was no deliberate attempt on part of the writ petitioners to conceal any fact from the Court, rather in the rejoinder affidavit the details of the earlier litigation and its outcome had been disclosed.
It is further stated that since there were huge irregularities committed by the Consolidation Authorities in respect of various plots situated in Gram Jamkhuri Post Jamkhuri Pargana Chanda, Tehsil-Lambhuwa District Sultanpur and it is in the aforesaid circumstances that the petition had been filed. It is urged that this aspect of the matter has not been considered by the Court while passing the judgment and order dated 23.09.2024 and even otherwise the cost imposed was exemplary and as such, the cost may be set aside and in alternate may be reduced.
The Court has heard learned counsel for the review petitioner and also perused the material available on record.
From a perusal of the judgment dated 23.09.2024 all the facts as stated in the writ petition have been noticed including the fact that the State counsel in their written instructions had indicated several litigation initiated by one of the petitioners as well as the fact that some of the petitioners were involved in unbecoming activities including falsification of records in pursuance whereof the FIR was lodged and the petitioner no.1
and 4 along with Bhagwan Prasad S/o Ram Achhewar were prima facie found guilty of usurping public utility land by fabricating documents and they were also apprehended and remained in jail for about five months.
The record clearly indicates that the facts which is referred to by the counsel for the review petitioner was disclosed only in the rejoinder affidavit after the written instructions were placed before the Court and whereafter the State had brought the relevant material on record in shape of a counter affidavit.
All the aforesaid grounds have been considered while passing the order and an attempt is being made to get a rehearing of the petition afresh which is apparently not permissible within the narrow contours of review jurisdiction. This Court does not find that there is any error apparent on the face of record which may persuade this Court to entertain the aforesaid review petition which is, accordingly, dismissed.
Order Date :- 6.11.2024 Harshita
Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether error apparent on face of record is found in impugned order dismissing writ petition.
Whether review petition can be entertained on grounds of alleged irregularities already considered.
Whether cost imposition should be set aside or reduced in review.
Keshav Prasad And Others
Jaspreet Singh
As recorded by the court registry
2 orders share this CNR
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