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HIGH COURT OF JUDICATURE AT ALLAHABAD CIVIL MISC REVIEW APPLICATION No. - 181 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE DONADI RAMESH, J.
1. Heard Shri Kartikeya Agarwal holding brief of Shri Punit Kumar Gupta, learned counsel for the petitioner; Shri Gopal Chandra Saxena, learned Standing Counsel for State respondents and Shri M. Maurya holding brief of Shri Mohd. Zubair Khan, learned counsel for respondent no.4. 2. Cause shown in the affidavit accompanying the delay condonation application is sufficient. The delay condonation application is allowed. The delay is accordingly condoned. 3. The instant review application has been preferred to review the order dated 22.01.2025 passed in Writ-C No.28828 of 2024 (Dr. Nitin Agarwal v. State of U.P. & Ors.), which for ready reference, is quoted as under:-
"Petitioner wants a direction to remove some of the idols installed on his plot. What exactly is the nature of right and whether such idols need to be removed from the plot in question, would require factual ascertainment of facts for which the remedy would be to approach the competent Civil Court. No direction in the writ petition would be warranted. The writ petition is, accordingly, dismissed."
4. Learned counsel for the petitioner-applicant, in support of review application, submits that the while passing the aforesaid order the Division Bench has erred and not appreciated the correct facts. He submits that P.A. Versus Counsel for Applicant(s) : Poorva Agarwal, Punit Kumar Gupta Counsel for Opposite Party(s) : Anjani Kumar, C.S.C., Mohd Zubair Khan Dr. Nitin Agrawal .....Applicant(s) State Of U.P. And 4 Others .....Opposite Party(s)
Case No.18 of 1994 was decreed on 6.8.1996 in favour of the petitioner and the same was affirmed by this Court vide judgment and order dated 10.07.2007 in Writ-A No.53522 of 2002. Later on again the respondent tried to evict the petitioner but eventually the possession was delivered to the petitioner on 27.8.2007 and since then he is in peaceful possession over the said property. 5. Learned counsel for the petitioner submits that so far as other grievances of the petitioner is concerned, direction may be issued to the District Magistrate to redress the grievance of the petitioner in accordance with law and as such the order dated 22.01.2025 may be reviewed. 6.
In the facts and circumstances of the case, the order dated 22.1.2025 is modified to the extent that in case the petitioner moves appropriate application ventilating his grievances before the District Magistrate, Saharanpur within two weeks from today, the same shall be examined and appropriate order shall be passed in accordance with law expeditiously but certainly after giving ample opportunity to all the stake holders including the contesting respondents. 7. The review application stands disposed of accordingly. October 10, 2025 SP/ CMRA No. 181 of 2025 2 (Donadi Ramesh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad