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2025 DAILYLAW 35292 (ALL)

STATE OF UP AND ANOTHER v. SAMADHI GURUMUKH DAS BABA MOHALLA SANGATKALA RAIGANJ SHAHAR AND 7 OTHERS

CMRA/102/2025 · 2025-04-09

Vivek Chaudhary

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Judgment text

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Neutral Citation No. - 2025:AHC:52944 In Chamber Case :- CIVIL MISC REVIEW APPLICATION No. - 102 of 2025 Applicant :- State Of Up And Another Opposite Party :- Samadhi Gurumukh Das Baba Mohalla Sangatkala Raiganj Shahar And 7 Others Counsel for Applicant :- Sanjay Kumar Singh Counsel for Opposite Party :- Awadhesh Kumar Malviya Hon'ble Vivek Chaudhary,J. Heard learned counsel for the review applicants. This review application is filed by the petitioners with regard to review of the order dated 17.10.2022 passed in Case: Matters Under Article 227 No.4182 of 2016 (State of U.P. and another Vs. Samadhi Gurumukha Das Baba and others). A perusal of the plaint of Civil Suit No.43 of 1974 from which the present proceedings arise shows that neither the State of U.P. through Director, Homeopathic, 8th Floor Indira Bhawan, U.P. Lucknow and nor the Principal, State Homeopathic Medical College and Hospital, Ghazipur are the parties to the said civil suit, while they both have filed the present writ petition under Article 227 of the Constitution of India as well as the present review application. The State of U.P. through the Collector, Ghazipur is defendant no.8 and Homeopathic College, Ghazipur through Secretary Ramkrishna Agrawal, is the defendant no.2 while the President, Homeopathic College, Ghazipur is the defendant no.4 and Sri Aditya Nath Mishra, Principal of Homeopathic College, Ghazipur is defendant of No. 3. Thus, it is clear that the State of U.P. as well as the Homeopathic Medical College and Hospital are impleaded only through the Collector, Ghazipur as well as through the Secretary of the Homeopathic College. The defendant no.3- Aditya Nath Mishra is impleaded in his personal capacity. Therefore, the petitioner no.1 in the present petition before this Court that is the State of U.P. through Director, Homeopathic and the petitioner no.2-Principal, State Homeopathic Medical College and Hospital, Ghazipur since are not parties to the plaint had no right to file even the writ petition before this Court. Similarly, they do not also have any right to file the present review application. Even otherwise, the order under review dated 17.10.2022 is an order passed on the consent of both the parties and the said fact is not even disputed in the present review application. There is also a delay of 864 days in filing the present review application. Hence, this Court is not inclined to interfere in the matter. The review application stands dismissed. (Vivek Chaudhary, J.) Order Date :- 10.4.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad