Neutral Citation No. - 2025:AHC-LKO:46063 Court No. - 19 Reserved Case :- CIVIL MISC REVIEW APPLICATION No. - 3 of 2023 Applicant :- Hazari Lal(Died) Thru. Ram Gopal And Others Opposite Party :- Board Of Directors, U.P. State Cooperative Land Development Bank Ltd., Lko. And Others Counsel for Applicant :- Karuna Shanker Rastogi,Nisha Srivastava Hon'ble Manish Kumar,J. 1. Heard. 2. Present review application has been filed under Chapter V Rule 12 of the High Court Rules, 1952 seeking review of judgment and order dated 09.11.2022 in Writ C No. 1004983 of 2009 (Hazari Lal Vs. Board of Director U.P. State Co-Operative Land Development Bank and others). 3. In the review petition, the main ground which is pressed is that the observations made by this Court in para no. 11 of the judgment and order dated 09.11.2022 is against the record. The said para is reproduced hereinbelow:- "11. Considering the submissions raised by the learned counsel for the parties, going through the record of the case and the statutory provisions, the position which emerges out in the present case that the contention of the respondents in this regard that these grounds of challenge had not been taken by the petitioners earlier before any forum is not denied by the petitioners hence it appears that the petitioners have neither pleaded that no notice under Rule 23 of the Rules 1971 was ever served upon him nor that the no prior approval was taken from the Registrar under Section 95A of the Act, 1964 and for the first time the above mentioned cases have been taken as far as it is related to the notice under Rule 23 of the Rules 1971 after more than 26 to 27 years of auction sale in the present writ petition. The pleading regarding non-compliance of Section 95A of the Act, 1964 has been taken for the first time by filing a supplementary affidavit in the year 2022 i.e. after about 40 years" 4. Learned counsel for the review applicant has submitted that the observation made in para 11 of the judgment and order dated 09.11.2022 is in absence of any material on record, as the applicant had not filed documents namely objection dated 22.11.1999 under Rule285 (i) of U.P.Z.A. & L.R. Rules, which was decided on 07.09.2006 and also could not file copy of the plaint of Civil Suit No. 536 of 2007, which was decided on 21.04.2009. 5. The objections filed by the review applicant/petitioner in the year 2008 was filed alongwith the rejoinder affidavit but during the course of argument this annexure was never referred to nor its contents were brought to the notice of the Court. It would also be not out of place that during the arguments it was not denied that such grounds were not taken earlier. The findings of the Court starts with "it appears" i.e. to say the observation was a general observation in the totality of facts and oral arguments advanced before the Court and the facts as brought to the notice of the Court by both the parties to the proceedings. 6. Besides what has been discussed above, the observation quoted above is not the sole ground or basis of the judgment. The decision is based also on the basis of the delay on the part of review applicant/petitioner in approaching all the forums with enormous delay, which has been discussed in detail in the judgment. As a matter of fact, the main thrust of the judgment on which, it is based on the delay on the part of petitioners/review-applicant in approaching the different forum and authorities. The sale took place in the year 1982 in respect of which notice under Rule 24 dated 28.01.1982 was admittedly served upon the father of petitioner/review-applicants, thus, the first step to challenge the same was taken in the year 1999 i.e. after 17 years of sale, which document has not seen the light of the day till date nor the copy of the plaint of the suit filed in the civil Court as indicated earlier. The enormous delay in approaching the different authorities has been discussed elaborately throughout the judgment. 7. In view of the discussion made hereinabove, the review application lacks merit and dismissed, accordingly. Order Date :- 7.8.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench