Court No. - 2 Case :- WRIT - B No. - 6098 of 2001 Petitioner :- Rama Shanker And Others Respondent :- Rhe D.D.C., Ghazipur And Others Petitioner Counsel :- Krishna Mohan Respondent Counsel :- C.S.C.,Anuj Kumar,P.K.Pandey Hon'ble Ashok Bhushan,J.
Heard learned counsel for the petitioner.
This is an application praying for review of the judgment and order dated 3rd
January, 2002.
The writ petition was heard on merits and was dismissed after hearing the
learned counsel for the petitioner. The order of Deputy Director of Education
passed under Section 48 of the U.P. Consolidation of Holdings Act was
challenged by which order the revision filed by respondent No.3 arising out of
proceedings under Section 20 of the U.P. Consolidation of Holdings Act was
allowed. The submission which was pressed before the Court at the time of
hearing was that Plot No.213 was not the original holding of respondent No.3,
hence he was wrongly given the chak on Plot No.213. The said argument was
considered and expressly rejected by referring CH Form 23 of Yogendra Nath
son of Hardev, who was real brother of Mangala. Learned counsel for the
petitioner sought to contend that there were other submissions, which were
not pressed and there was error apparent in the order of learned Deputy
Director of Consolidation.
The submission of the petitioner cannot be accepted. The review of a
judgment can be asked for on the ground when there is error apparent in the
judgment. A submission, which was never pressed before the Court, cannot be
made basis for review of the judgment. The writ petition having been heard
and decided on merits, I do not find any good ground to review the judgment.
The application is rejected.
Order Date :- 6.8.2010
Rakesh