JUDGMENT :

Order on C.M. Application No.1 of 2022

Heard.

This application seeks condonation of delay in filing the review application.

Reasons indicated in the affidavit filed along with the review application are sufficient.

Application is allowed and the delay in filing the review application is condoned.

Order on Memo of Review Application

1. The present review application has been filed seeking review of the judgment and order dated 5.7.2022 passed by this Court in Public Interest Litigation (PIL) No.7472 of 2021, Sharad Kumar Dwivedi Vs. State of U.P. and others, with a prayer to recall the aforesaid judgment and order and restore the Public Interest Ligation Petition to its original number and decide the same afresh after impleading the review-applicant as party to the proceedings.

2. This review application has been filed after the judgment and order dated 29.7.2022 was passed by the Division Bench of this Court in Special Appeal No.330 of 2022, M/s Concept Cars Limited Vs. State of Uttar Pradesh and others. Paragraph 10 of the aforesaid judgement reads as under:-

“10. Conclusion:

For what has been narrated herein above, our indefeasible conclusion, in the facts and circumstances of the case, is that it will neither be appropriate nor in the interest of justice to pronounce any judgment on the issues discussed and considered by the learned Single Judge in the judgment and order under appeal herein, unless the judgment and order dated 20.06.2022 passed by the Board of Revenue and its impact on the issues involved in the case are considered and decided by the learned Single Judge.

Order

Accordingly, this Special Appeal is disposed of with the liberty to the appellant to approach the learned Single Judge by way of seeking review of the judgment and order under appeal. While filing the review petition, it will be open to the appellant to take all the grounds which may be available to it under law.

There will be no order as to costs.”

3. Against the said order of the Division Bench, the review-applicant has approached the Supreme Court in Special Leave Petition (Civil) Diary No.26721 of 2022, which got dismissed by the Supreme Court vide order dated 30.8.2022.

4. In brief, the grounds which have been taken in the review application, are that the judgment and order dated 5.7.2022 contains direction for removal of illegal encroachment in terms of the order dated 4.6.2021 passed by the District Judge, whereby the District Magistrate set aside the resumption order dated 30.1.1987 and directions were issued for initiating eviction proceedings in terms of Section 67 of the U.P. Revenue Code, 2006. The said order was set aside by the Board of Revenue in its judgment and order dated 20.6.2022 and, therefore, the order of the District Magistrate dated 4.6.2021 was not in existence at the time of passing of the judgement and order under review dated 5.7.2022.

5. The review-applicant was not a party in the Public Interest Litigation and the order of the Board of Revenue dated 2.8.2021, by which Revision No.1351 of 2021 filed by Ram Chandra Rajwar, Manager of the review-applicant, M/s Concept Cars Limited impugning the order dated 4.6.2021 passed by the District Magistrate, was disposed of on the very first day with direction to the State Government to consider the request of the revisionist for exchange of land in question and till such consideration, status-quo was directed to be maintained. The validity of the order of the Board of Revenue dated 2.8.2021 could not have been challenged in the Public Interest Litigation.

6. It has been further submitted that in view of the prayers made in the Public Interest Litigation, inquiry was conducted by the District Magistrate and, thereafter, no further orders were required to be passed and, this Court while passing the judgment and order dated 5.7.2022 had travelled beyond the prayers made in the Public Interest Litigation. The enabling provisions of Section 101 of the U.P. Revenue Code, 2006