Allahabad High Court
CMRAD/176/2025 of SURENDRA KUMAR DECEASED THRU. KAMLESH KUMAR AND 2 OTHERS Vs UPPER DISTRICT MAGISTRATE / D.D.C. HARDOI AND OTHERS on 10 November 2025
JUDICATURE AT ALLAHABAD LUCKNOW CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 176 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Chandrahas Mishra, learned counsel for the applicant. 2. By means of present application under Chapter 5 Rule 12 of the Allahabad High Court Rules, 1952,
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 176 of 2025
Court No. - 5
HON'BLE ALOK MATHUR, J.
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1. Heard Sri Chandrahas Mishra, learned counsel for the applicant.
2. By means of present application under Chapter 5 Rule 12 of the Allahabad High Court Rules, 1952, the review applicant has sought review of judgment and order dated 04.09.2025.
3. Present review application has been filed with some delay hence same has been filed alongwith an application for condonation of delay seeking condonation of delay in filing the present review application.
4. Perused the application for condonation delay no. 1 of 2025. Cause shown for delay in filing the review application is deemed to be sufficient. Accordingly, delay condonation application is allowed. Delay in filing the review application is hereby condoned.
5. It has been submitted by the review applicant that the finding recorded by this Court in the judgment and order dated 04.09.2025, are contrary to the record specially with regard to finding with regard to applicability of Section 14(2)(b) of the U.P. Z.A. & L.R. Act and also with regard to possession of the petitioner on the disputed land. It is submitted that in the light of aforesaid the impugned judgment and order be reviewed.
6. After hearing learned counsel for the review applicant as well as after Versus Counsel for Applicant(s) : Chandra Has Misra Counsel for Opposite Party(s) :
Surendra Kumar Deceased Thru. Kamlesh Kumar And 2 Others .....Applicant(s) Upper District Magistrate / D.D.C. Hardoi And Others .....Opposite Party(s)
perusal of record, it is noticed that after hearing learned counsel for the petitioner therein, the writ petition was dismissed after recording in paragraph nos. 5, 12 and 13 with regard to applicability of Section 14(2)(b) of the U.P. Z.A. & L.R. Act and also this Court had noticed that period of redemption was 60 years.
7. The petitioner by means of present review application seeks re- adjudication of the issues which have been decided by this Court in its judgment and order dated 04.09.2025. This Court is of the considered view that rehearing of the matter which has been decided is not permissible in the garb of review application and all the issues which have been raised by the petitioner in the present review application already stand decided.
8. Accordingly, there is no error apparent on the face of record, neither any can be demonstrated by the review applicant necessitating interference by this Court in the review application.
9. For the reasons aforesaid, no ground for review is made out. Hence, present review application stands rejected. November 10, 2025 A. Verma CMRAD No. 176 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench