RAM DAS KUREEL v. STATE OF U.P. THRU. SECY. HOUSING AND URBAN PLANNING LKO. AND 2 OTHERS
A227/4210/2025 · 2025-07-17
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151567 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151567 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40849 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4210 of 2025 Petitioner :- Ram Das Kureel Respondent :- State Of U.P. Thru. Secy. Housing And Urban Planning Lko. And 2 Others Counsel for Petitioner :- Shailendra Kumar Misra Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Shri Ratnesh Chandra for U.P. Avas evam Vikas Parishad, Lucknow- respondent no.2.
2. The present petitioner has been filed challenging the order dated 16.06.2025, whereby the application filed by the petitioner for recall of the ex-parte order dated 07.02.2025 was rejected. The contention of counsel for the petitioner is that a reference was made for enhancement of compensation, however on account of illiteracy, the petitioner could not contest the said reference properly as is evident from the final orders passed on 07.02.2025 wherein it was observed that the evidence was not produced and nobody was present. The petitioner moved an application for recall of the said order mainly on the ground that on the property adjacent to the property owned by the petitioner, an enhanced compensation had been paid vide order dated 28.09.2019 however on account of illiteracy, the same could not be placed on record.
3. The order recall application has been rejected vide order dated 16.06.2025 on the ground that a final order had been passed, which cannot be recalled and the application for recall was not maintainable. Considering the order impugned, the same cannot be sustained for the sole reason that although, no power of review is vested, a power of procedural review is
inherent in all the Courts. In view of the law laid down in the case of Grindlays Bank Limited vs. Central Government Industrial Tribunal and others; 1981 SCR (2) 341, as, the procedure review is implicit in all the authorities, the order dated 16.06.2025 cannot be sustained and is quashed, the order dated 07.02.2025 is also set aside with direction to the authority concerned to decide the reference afresh, in accordance with law and while doing so, the order dated 28.09.2019 shall also be considered in addition to any evidence that may be placed by the petitioner.
4. The petition is accordingly allowed. Order Date :- 17.7.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench