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2025 DAILYLAW 96442 (ALL)

AJAY KUMAR v. DAYA SHANKER AND 2 OTHERS

CMRAD/132/2025 · 2025-10-08

Saurabh Shyam Shamshery

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 132 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. Order on Delay Condonation Application 1. This is an application seeking condonation of delay in filing review application. 2. Delay in filing review application is explained satisfactorily. It is hereby condoned. The application is accordingly allowed. Order on Review Application 1. Heard Sri Gaurav Pandey, Advocate holding brief of Sri Avanish Kumar Srivastava, learned counsel for review applicant (i.e., Respondent- 4/1 in writ petition). 2. The review applicant wants to review an order dated 17.10.2024 passed in Writ-B No. 36706 of 1993, whereby the writ petition was allowed by assigning reasons on basis of judgments passed by Supreme Court. Versus Counsel for Applicant(s) : Avanish Kumar Srivastava Counsel for Opposite Party(s) : C.S.C. Ajay Kumar .....Applicant(s) Daya Shanker And 2 Others .....Opposite Party(s) 3. Review applicant has come up with a case that the view taken by this Court may be contrary to the view taken by Supreme Court in other judgments. Therefore, it would be a question of legal interpretation, which cannot be a ground to review the order under review. Other grounds are also not sufficient to make out a case of error apparent on record. In this regard the Court takes note of a judgment passed by Supreme Court in Sanjay Kumar Agarwal vs. State Tax Officer and another, 2023 INSC 963. 4. The review application is accordingly dismissed. October 9, 2025 AK CMRAD No. 132 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad