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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ARINDAM SINHA, AVNISH SAXENA
Shiv Ratan Dixit – Appellant
Versus
State Of U.P. Thru The Secy. – Respondent
JUDGMENT :
Arindam Sinha, J.
Ref: Civil Misc. Review Application No.6 of 2021.
1. The review application is for hearing and disposal. Review-applicant is the State. It seeks review of judgment dated 22nd January, 2015 of a Division Bench, none of the learned judges in which are at present available. Hence, we as the regular Bench are dealing with the review.
2. The application was earlier heard on 12th August, 2025 by a Bench, to which one of us was party (Arindam Sinha, J.). Preliminary objection was raised on behalf of writ petitioners, opposing the review, contending State had filed Special Leave to Appeal petition (SLP) in the Supreme Court, dismissed on order
3. Mr. Srivastava, learned advocate and Standing Counsel appears on behalf of review-applicant (State).He relies on judgment dated 18 August, 2023 of the Supreme Court in Civil Appeal no.1434 of 2023 (Experion Developers Private Limited Vs. Himanshu Dewan, Sonali Dewan and others), paragraphs 26 to 28 in Indian Kanoon print. He submits, the SLP having had been dismissed by the Supreme Court, it does not cause nd merger, for said judgmen
A review application cannot be entertained after the dismissal of a Special Leave to Appeal by the Supreme Court, as it constitutes an abuse of judicial process.
A review petition cannot be used to reargue a case on merits and must point out an error apparent on the record; otherwise, it is not maintainable.
Review Petition – Jurisdiction of High Court while exercising review cannot be exercised as an inherit power nor as Appellate Court be exercised in guise of power of review – Power of review may be e....
Review petitions must present new evidence or clear errors; they cannot reargue previously decided issues.
Special Leave Petition – Only after issue of maintainability is decided upon, can Supreme Court enter into merits of case – No appeal by way of Special Leave Petition against order passed in review i....
A review application cannot be entertained after the dismissal of a Special Appeal without prior leave, reaffirming the doctrine of merger and judicial discipline.
The court emphasized that objections regarding jurisdiction must be raised promptly, and health issues cited were insufficient to justify delay in filing a review application.
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