Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 166004 (ALL)

VISHNU PRATAP SINGH AND OTHERS v. DEPUTY DIRECTOR OF CONSOLIDATION, SITAPUR AND OTHERS

CMRAD/191/2024 · 2025-07-24

Sangeeta Chandra

Review Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:42686 Court No. - 9 Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 191 of 2024 Applicant :- Vishnu Pratap Singh And Others Opposite Party :- Deputy Director Of Consolidation, Sitapur And Others Counsel for Applicant :- Ashok Kumar Verma,Manendra Nath Rai Counsel for Opposite Party :- Dilip Kumar Pandey Hon'ble Mrs. Sangeeta Chandra,J. Order on C.M. Application No.01 of 2024 1. I have heard Sri Mandendra Nath Rai, learned counsel for the review applicant and also gone through the earlier orders passed by this Court by which notices were issued to the contesting respondent. The Registry has reported sufficiency of service. 2. This Review Application has been filed with a delay of 657 days. 3. Learned counsel for the Review applicant Sri Manendra Nath Rai while arguing on the application for condonation of delay has stated that Sashi Kanti Devi died on 06.11.2021 after the judgement and order dated 09.08.2021 and review applicants are all sons of Smt. Sashi Kanti and Sri Vishnu Pal Singh. However, in the affidavit filed in support of the application for condonation of delay, it has been stated as follows:- "2. That through the review petition the review of the order dated 09/08/2021 passed in Writ B no. 723 of 2015 (Rajendra Prasad Vs Deputy Director of Consolidation and Others) has been sought. 3. That after going through the order dated 09/08/2021, the counsel appearing in the writ petition informed that the matter has been remanded before the Deputy Director of Consolidation Sitapur to pass fresh order after considering the report dated 28/04/2015 of the Assistant Consolidation Officer and also the evidence if any to be produced by the parties. 4. That before the Op no.1 when the matter came up for consideration during pendency of the writ petition Smt. Shashikanti died on 06/11/2021 and on her death the substitution application was moved by the review petitioners being the legal heirs and successors of the deceased Smt.Shashikanti. 5. That the revision is still pending as the presiding officers are not available either due to retirement or transfer. 6. That in the meantime the deponent contacted the counsel at Lucknow for taking the advice and appropriate steps to be taken in another matter which was decided by Deputy Director of Consolidation through the order dated 29/05/2024. 7. That the counsel at Lucknow advised to file a writ petition challenging the order dated 29/05/2024 and to contact with all requisite documents etc. which could be arranged only on 03/10/2024. When going through the records, the counsel was made aware of the facts about disposal of the present writ petition and a certified copy of the order dated 09/08/2021 passed in WRIB no. 723 of 2015 (Rajendra Prasad vs State of UP and others) was perused and after going through the aforesaid judgment on 03/10/2024, the counsel advised to move an application for review of the aforesaid order before filing a writ petition challenging the order dated 29/05/2024 before the Hon'ble High Court." 4. The contents of the affidavit are misleading. 5. The Application for condonation of delay is rejected. Order on Review Application Since the application for condonation of delay in filing the review application is rejected, consequently, the present Review Application also stands rejected. Order Date :- 24.7.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench