Partly allowed
Bhagwani Devi and Others v. State of Punjab and Another
Punjab & Haryana HCRA-RF/104/2019
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from the order text
What is this about?
and 105 of 2019 (O & M) in RFA Nos. 2188 and…
What the court decided
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and 105 of 2019 (O & M) in RFA Nos. 2188 and…
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SHIVANI GUPTA 2020.01.31 10:03 1
RA-RF Nos. 104 and 105 of 2019 (O & M) in RFA Nos. 2188 and 2186 of 2016
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RA-RF Nos. 104 and 105 of 2019 (O & M) in RFA Nos. 2188 and 2186 of 2016 Date of decision: 29.01.2020
Bhagwani Devi and others ....Petitioner(s)
Versus
State of Punjab and another
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA
Present: Mr. Ashok Bhardwaj, Advocate, for the applicant-appellants.
G.S.SANDHAWALIA, J. (Oral)
The present order shall dispose of two review applications i.e. RA-RF Nos. 104 and 105 of 2019 (O & M) in RFA Nos. 2188 and 2186 of 2016 respectively as common questions of law are involved. Reference is being made to RA-RF No. 104 of 2019 (O & M) in RFA No. 2188 of 2016,
Bhagwani Devi and others vs. State of Punjab and another.
Application for condonation of delay was allowed conditionally on 28.05.2016 while disposing of the main appeal in view of the law laid down by the Apex Court in Imrat Lal and others vs. Land Acquisition Collector and others, 2015 (2) RCR (Civil) 437. Interest was denied for 1801 days. There was no sufficient cause also made out as such to condone the delay, however, this Court was gracious enough to condone the delay in view of the above said law.
The review application has now been filed by the counsel who was not even the counsel on an earlier occasion and was not present on the said date and is not in knowledge of the reasons which had prevailed at that point of time. Application for condonation of delay of 1140 days in filing
RA-RF Nos. 104 and 105 of 2019 (O & M) in RFA Nos. 2188 and 2186 of 2016
2
the present review application has also been filed. The Apex Court in Tamil Nadu Electricity Board vs. N. Raju Reddiar and another, 1997 (9) SCC 736 has depreciated the filing of review petitions by counsels who were not the counsels earlier.
Accordingly, the review applications alongwith applications for condonation of delay in filing the review applications are also dismissed.
29.01.2020 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No
1 issue framed by the court
Whether review applications filed by counsel not engaged in the original appeal or appeals railing on adjudication can be entertained?
Bhagwani Devi and others
State of Punjab and another
G.S. Sandhawalia
As recorded by the court registry
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