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2025 DAILYLAW 181857 (ALL)

MAHMOOD AHMAD KHAN AND 4 OTHERS v. STATE OF U.P. THRU. THE COLLECTOR DISTT. BAHRAICH AND 2 OTHERS

/194/2025 · 2025-12-02

Review Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 194 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. (C.M. Application No. 1 of 2025) This is an application under Section 5 of the Limitation Act for condonation of delay in filing the Review Petition. The cause shown in the instant application is sufficient. Accordingly, the application is allowed and the delay is hereby condoned. (Order on Review Petition) The present review petition has been preferred under Chapter V Rule 12 of the Allahabad High Court Rules, 1952 for review/recall of the judgment and order dated 21.07.2022 passed in Writ C No. 3009071 of 1990 (Mahmood Ahmad and Ors. vs. State of U.P. and Ors.) Learned counsel for the review applicants has confined his prayer to the extent that the last line of paragraph 10 of the judgment and order dated 21.07.2022 may either be reviewed or modified whereby the Court has held that 'in so far it relates to plot no. 846, the writ petition is dismissed.' Due to this finding of the Court, the review applicants are unable to raise any dispute with regard to plot no. 846 before the authorities. The said claim rejected by the Court is with a reason as mentioned in paragraph nos. 7 & 8 of the judgment that the claim regarding plot no. 846 had already been decided by judgment and order dated 23.11.1978. On being asked from learned counsel for the review applicants that the reason for coming to the conclusion that as far as plot no. 846, the writ petition is dismissed, is there any illegality, irregularity or it is against the material Versus Counsel for Applicant(s) : Mohiuddin Khan Counsel for Opposite Party(s) : Mahmood Ahmad Khan And 4 Others .....Applicant(s) State Of U.P. Thru. The Collector Distt. Bahraich And 2 Others .....Opposite Party(s) available on record, learned counsel for the review applicants has very fairly submitted that there is no illegality, irregularity and it is not against the material available on record. Therefore, there is nothing wrong in the finding for reaching to that conclusion in the last line of paragraph 10 of the judgment and order dated 21.07.2022. Once the reason for reaching to the conclusion that the writ petition is dismissed as far as it relates to plot no. 846 on the basis of earlier judgment of this Court and the reasoning is not disputed, then nothing remains to be considered in the present review petition. In view of the facts, circumstances and discussion made hereinabove, the present review petition is dismissed. December 2, 2025 Nitesh CMRAD No. 194 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench