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2025 DAILYLAW 95582 (ALL)

BASIC SHIKSHA ADHIKARI FATEHPUR v. RACHNA SINGH AND 4 OTHERS

CMRA/398/2024 · 2025-04-29

Arun Bhansali, Vikas Budhwar

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:67865-DB Chief Justice's Court Case :- CIVIL MISC REVIEW APPLICATION No. - 398 of 2024 Applicant :- Basic Shiksha Adhikari Fatehpur Opposite Party :- Rachna Singh and 4 Others Counsel for Applicant :- Kushmondeya Shahi Counsel for Opposite Party :- Avneesh Tripathi, Rajiv Singh (S.C.) Hon'ble Arun Bhansali,Chief Justice Hon'ble Vikas Budhwar,J. 1. The review petition is barred by limitation. 2. For the reasons indicated in the application, supported by an affidavit, the same is allowed. The delay in filing the review petition is condoned. 3. This review petition has been filed by the petitioner aggrieved of the order dated 24.03.2023 passed in Special Appeal Defective No. 61 of 2023 whereby the special appeal filed by the appellant against order dated 30.05.2022 passed in Writ-A No. 1547 of 2022 and Review Application No. 427 of 2022 decided on 08.12.2022 has been rejected. 4. The Division Bench, while considering the special appeal, came to the conclusion that there was no substance in the special appeal and that the respondent was entitled to the benefits as accorded by learned Single Judge. 5. The present review petition has been filed inter alia on the ground that the Division Bench, while passing the order impugned dated 24.03.2023, has not taken into consideration that the dispute was raised by the respondent against order dated 20.01.2010 by filing a writ petition in the year 2018 and therefore, the order impugned requires a review. 6. Counsel for the respondent opposed the submission made in this regard. It was submitted that against the order dated 24.03.2023, special leave petition, filed by the applicant, has already been dismissed and the filing of review petition, on the ground sought to be agitated, is not maintainable. 7. We have considered the submissions made by counsel for the parties and have perused the material available on record. 8. The submission sought to be made by the applicant that the Division Bench, while passing the order dated 24.03.2023, has not taken into consideration the fact that the challenge was laid to the order dated 20.01.2010, after the passage of 8 years, cannot be countenanced inasmuch as the Court has specifically noticed the said aspect that the order passed in the year 2010 was challenged in the year 2018, yet it has come to the conclusion that the respondent was entitled to the relief as granted. Things would have been different, in case, the Division Bench, while passing the order impugned, had noticed a different date or different year of challenge while passing the order, that probably would have given cause to the applicant, however, in the circumstances where the Division Bench was alive to the fact that the order dated 20.01.2010 was challenged in the year 2018, no case for review of the order impugned is made out as applicant has failed to point out any error apparent on face of record. 9. Consequently, the review petition is dismissed. Order Date :- 30.4.2025 A. Prajapati/Mukesh Pal (Vikas Budhwar, J.) (Arun Bhansali, C.J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad