Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 187707 (ALL)

KAUSAR ALI AND ANOTHER v. STATE OF UP AND 4 OTHERS

CMRAD/104/2025 · 2025-09-24

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 104 of 2025 Court No. - 50 HON'BLE AJAY BHANOT, J. Heard Shri Prem Narayan Tiwari, learned counsel for the applicants and learned Standing Counsel for the State. The writ petition was dismissed on delay and laches. The grounds taken in the review have been introduced as an afterthought. Even a perusal of the aforesaid grounds does not disclose any reliable evidence for the cause of delay. The new documents which are appended to the review application were always available with the petitioners. The said documents were accessible with the petitioners at all times. Such tactics of litigants to constantly file new documents at every stage will unnecessarily prolong litigation. The writ petition was dismissed on grounds of delay and laches. The grounds taken in the review application do not disclose any reliable evidence for the cause of delay. In fact the grounds have been introduced as an afterthought. A number of documents which were not part of the writ petition have been introduced for the first time in the review application. The aforesaid documents were very much in the custody of the petitioners and were accessible to them at all times. It is not the case of the petitioners that they did not have access to the said documents or the same were made available to him after much Versus Counsel for Applicant(s) : Prem Narayan Tiwari Counsel for Opposite Party(s) : C.S.C. Kausar Ali And Another .....Applicant(s) State Of Up And 4 Others .....Opposite Party(s) effort. In this wake the new documents are not liable to be admitted at the stage of the review application. Moreover, serious allegations have been made against the counsel in the memo of appeal but the counsel has not been impleaded as party. The fact that papers were given to the counsel has not been stated on affidavit. Further, the name of the counsel is not disclosed in the affidavit. This shows an unfair practice on part of the petitioner and his counsel. It is interesting that the petitioner has suppressed the name of the counsel in the affidavit which is in support of the review application. The review application is accordingly dismissed. September 25, 2025 Vandit CMRAD No. 104 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad