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2022 Supreme(Online)(MP) 5245

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL ON THE 18th OF OCTOBER, 2022 REVIEW PETITION No. 1011 of 2022 BETWEEN:- SHRIRAM GARG S/O SHRI RAMVISHWASH GARG, AGED ABOUT 52 YEARS, OCCUPATION: AGRICULTURE R/O VILLAGE PAHARIKHERA TAHSIL PANNA, DISTT. PANNA (MADHYA PRADESH)

.....PETITIONER (BY SHRI VIKAS MISHRA, ADVOCATE)

AND

1. M.P REVENUE BOARD, THROUGH ITS CHAIRMAN, GWALIOR (MADHYA PRADESH)

2. NAYAB TEHSILDAR, COLLECTORATE DISTRICT PANNA (MADHYA PRADESH)

3. NAYAB TEHSILDAR, PANNA, DISTRICT PANNA (MADHYA PRADESH)

4. RAMLAKHAN S/O RAMMILAN BRAMHAN, R/O VILLAGE BHASUDA, TEH. & DISTT. PANNA (MADHYA PRADESH)

5. SMT. SANGEETA MISHRA, W/O RAMSIROMANI, R/O VILLAGE BHASUDA, TEH. & DISTT. PANNA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI PIYUSH BHATNAGAR, PANEL LAWYER FOR RESPONDENTS NO.1 TO 3)

This petition coming on for hearing on this day, the court passed the following:

Advocates:
Vikas Mishra,

ORDER

Heard on I.A. No.10784/2022 seeking condonation of delay of 2394 days in filing the present review petition.

Shri Vikas Mishra, learned counsel for the review petitioner submits that his client is illiterate. He tried to contact his earlier counsel Shri Sankalp Kochar but no response was received to him from the said counsel. He is an illiterate person and farmer. He is not aware of the technology and delay be condoned.

After hearing Shri Vikas Mishra, learned counsel for the petitioner and perusing the application filed seeking condonation of delay, it is evident that review petitioner has put his thump impression on the affidavit whereas he has put his signature on Vakalatnama issued in favour of Shri Vikas Mishra, Advocate and other five advocates. Thus, petitioner who is in a position to put his signatures on the Vakalatnama should have put his signatures on the affidavit also.

There is no explanation for this ambiguity. It appears that review petitioner is trying to pose himself to be illiterate by putting his thumb impression on the affidavit which gets contradicted from the signature put by him on the Vakalatnama. Thus, it is evident that petitioner is not illiterate. He is able to read and write as he has put his signature on the Vakalatnama. Thus, submission made by Shri Vikas Mishra, learned counsel, that his client is illiterate, is not made out. Petitioner has not bothered even to make mention of the counsel who had not given information to him about disposal of the writ petition. Thus, such cryptic application seeking condonation of delay making misrepresentation of facts cannot be allowed as that will defeat the purpose of justice and will promote unscrupulous elements who approach Court with unclean hands.

Accordingly, I.A. No.10784/2022 fails and is hereby dismissed.

No further liberty is required in the matter.

Consequently, this review petition is also dismissed.

(VIVEK AGARWAL)

JUDGE ts

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