RADHE SHYAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BASIC EDU. DEPTT. GOVT. OF U.P. LKO. AND 2 OTHERS
CMRAD/43/2025 · 2025-03-24
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128587 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128587 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16692 Court No. - 5 Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 43 of 2025 Applicant :- Radhe Shyam Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Deptt. Govt. Of U.P. Lko. And 2 Others Counsel for Applicant :- Anand Mani Tripathi Hon'ble Abdul Moin,J. I.A.No. NIL dated 10.03.2025 (Application for condonation of delay)
1. This is an application for condonation of delay in filing the review application for review of the order dated 10.12.2024.
2. Heard.
3. The reasons indicated in the affidavit filed in support of the application are sufficient. Accordingly, the application is allowed and delay in filing the application for review of the the order dated 10.12.2024 is hereby condoned. (Order on memo of review application)
1. Heard learned counsel for the applicant.
2. Instant review application has been filed praying for a review of the
order dated 10.12.2024 passed in Writ-A No. 14086 of 2020 Inre; Radhe Shyam Vs. State of U.P and Ors.
3. By the said order, Sri Anand Mani Tripathi, learned counsel for the applicant, on the basis of instructions given by the applicant namely Sri Radhe Shyam who was present on the dais and who had been in fact identified by Sri Tripathi has stated that he does not intend to press on with the writ petition and prayed that the same may be dismissed as withdrawn and consequently, the writ petition was
dismissed as withdrawn.
4. Now, in the review application, it has been indicated that after dismissal of the writ petition, the respondents have proceeded to recover the amount which had been received by the review applicant as salary from the department due to his working in the department and that the applicant having no source of livelihood and also not being in a position to deposit the amount would thus not be able to repay the said amount. Thus it is prayed that the order passed by this Court be reviewed in the ends of equity and justice.
5. It is settled proposition of law that a review is permissible on only certain grounds namely there being an error apparent on the face of record or from the discovery of new important matter or evidence which after the exercise of due diligence, was not within the knowledge and not produced when the order was passed or for any sufficient reason.
6. None of the aforesaid grounds are applicable in the instant review application.
7. Considering the aforesaid, no case for review is made out. Accordingly, the instant review application is rejected.
Order Date :- 24.3.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench