STATE OF U.P.THRU. PRIN. SECY. REVENUE LKO. and ORS. v. SURESH CHAND MISHRA IN SERS 27726/2017
CMRAD/169/2021 · 2025-11-24
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DailyLaw.ai
[ 2025 DAILYLAW 179116 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179116 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 169 of 2021 Court No. - 6 HON'BLE JASPREET SINGH, J.
1. Heard Sri Tushar Verma, learned Additional Chief Standing Counsel for the State. 2. The instant review-petition has been preferred by the State seeking review of the judgment and order dated 07th August, 2019 passed by this Court in W.P. No. 27726 (SS) of 2017 (Suresh Chand Mishra v. State of U.P.). 3. The said review application is also accompanied by an application seeking condonation of delay. 4. Sri Tushar Verma, learned Additional Chief Standing Counsel has at the outset submitted that the instant review has lost its efficacy, inasmuch as, against the order passed by this Court dated 07th August, 2019, a Special Appeal (D) No. 558 of 2019 was filed before a Division Bench of this Court. The said appeal came to be dismissed as withdrawn by means of order dated 22.06.2021 and thereafter the instant review-petition was filed, a copy of the order passed by the Division Bench of this Court in Special Appeal (D) No. 558 of 2019 have been brought on record as Annexure No. 10. 5. Today, it has been urged that the order passed by the writ court has also been complied with in Contempt Case No. 876 of 2020 and the same is noticed by the Contempt Court in its order dated 10.11.2021, a copy of Versus Counsel for Applicant(s) : C.S.C. Counsel for Opposite Party(s) : Amit Kumar Awasthi, Shubham Shukla State Of U.P.Thru. Prin. Secy. Revenue Lko. And Ors. .....Applicant(s) Suresh Chand Mishra In Sers 27726/2017 .....Opposite Party(s)
which has been provided to the Court for perusal and the same is taken on record. 6. It is thus urged that even though the order of the writ court has been complied with but the fact remains that the benefit granted to the petitioner on the basis of certain entries regarding his work had already been affirmed which has not been noticed by the Court while passing the order dated 07.08.2019. 7.
Having considered the aforesaid submissions and from the perusal of the judgment and order dated 07th August, 2019, this Court finds that all the relevant aspect of the matter has been considered and discussed including earlier writ petition which had been filed by the private respondent and apparently what is being attempted by the State is to get the petition re-heard on merits which is not within the scope of the review. 8. As far as the delay is concerned, since the ground shown has been found to be sufficient, accordingly the laches in filing the review- application shall stand ignored. 9. In view of the aforesaid, this Court does not find that there is any error apparent on the face of record and for all the aforesaid reasons, the instant review-petition is dismissed. November 24, 2025 Asheesh CMRAD No. 169 of 2021 2 (Jaspreet Singh,J.) Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench