CourtKutchehry.com
High CourtsSingle Bench(2006) 05 AHC CK 0018

Baitullah, Pradhan, Gram Panchayat vs State of U.P., District Magistrate, Sri Ajay Pratap Singh, Block Development Officer and Sri Anil Singh, Member of Legislative Assembly (M.L.A.) from Naugarh Constituency

Allahabad High Court · Decided on 4 May 2006

HON’BLE JUDGES
Anjani Kumar, J
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous Review Petition No. 145913 of 2005 in Civil Miscellaneous Writ Petition No. 46291 of 2005

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

4 paragraphs · 368 words

Anjani Kumar, J.—This review application filed by the petitioner seeks to review my judgment dated 1.7.2005 whereby the writ petition filed by the petitioner was dismissed. Against the judgment, which is sought to be reviewed, petitioner has filed a Special Appeal bearing No. 858 of 2005 which has been dismissed by the Division Bench of this Court vide its order dated 15.7.2005.

2.

There is yet another judgment relied upon by this Court namely, the judgement in the case of Smt. Krishna Devi v. District Magistrate, Ghaziabad and Ors. , which has also been affirmed by the Division Bench of this Court in Special Appeal No. 1080 of 2003; Smt. Krishna Devi v. District magistrate, Ghaziabad and Ors.. Since the judgement now sought to be reviewed has already been upheld by the Division Bench of this Court in Special Appeal No. 858 of 2005, therefore, this review application is not maintainable and is liable to be dismissed on this ground alone.

3.

On merits, learned Counsel for the petitioner has not been able to demonstrate that the judgement sought to be reviewed suffers from any error on the face of record. Learned Counsel for the petitioner laid much emphasis that in the case of petitioner impugned order has been passed without complying with the provisions of concerned statutory rules. In the case of Smt. Krishna Devi v. District Magistrate. Ghaziabad and Ors. my view that the impugned order directing the ceasure of financial and administrative powers in contemplation of any enquiry, is only an interim measure and regular inquiry will be followed after complying with the statutory rules, has been upheld by the Division Bench of this Court in Special Appeal No. 1080 of 2003; Smt. Krishna Devi v. District magistrate, Ghaziabad and Ors. decided on 23rd October, 2003. This being factual position, the argument that the 1997 Rules having not been complied with in the case of petitioner before passing the impugned order cannot be sustained in as much as the stage of procedure prescribed under the Rules has yet not come at the stage when the impugned order was passed.

4.

In this view of the matter, this review application has no force and is dismissed.