Court No. - 27 Case :- REVIEW PETITION DEFECTIVE No. - 246 of 2010 Petitioner :- State Of U.P. Through Principal Secy.Revenue Lucknow & Ors. Respondent :- Sri Raj Kihore Shukla S/O Late Ramdhani Shukla Petitioner Counsel :- C.S.C. Hon'ble Devi Prasad Singh,J.
Hon’ble S.C. Chaurasia,J.
(On C.M.Application No. 59471 of 2010)
Application is allowed and delay in filing the review petition is condoned.
Order Date :- 9.7.2010
AKS
Hon’ble Devi Prasad Singh,J.
Hon’ble S.C. Chaurasia,J.
The present review petition has been preferred against the impugned
judgment and order dated 26-11-2009 passed by this court in Writ Petition
No. 396 (S/B) of 2008, Raj Kishore Shukla & Others Versus State of U.P. and
Others.
Sri H.P.Srivastava, learned Addl. Chief Standing Counsel has tried to assail
the impugned order on the ground that the Claimants are not the Seasonal
Collection Amins. However, a perusal of the impugned order reveals that in
the contempt jurisdiction, the Tribunal had tried to make out another case
which has been set aside.
The power conferred under Order 47 Rule 1 of the Code of Civil Procedure is
not meant for de-novo hearing.
It has been settled by Hon’ble Supreme Court in the cases reported in (1995) 1
SCC 170: Meera Bhanja (Smt.) Vs. Nirmala Kumari Choudhary (Smt.),
(1997) 8 SCC 715: Parsion Devi and others Vs. Sumitri Devi and others and
2000(6) SCC 224, Lily Thomas and others Vs. Union of India that de-novo
hearing is not permissible under the review jurisdiction except on the ground
of error apparent at the face of the record.
In view of above, there appears no error apparent at the face of the record.
The review petition is devoid of merit. It is dismissed accordingly.
Order Date :- 9.7.2010
AKS