Court No. - 37
Case :- CIVIL MISC REVIEW APPLICATION No. - 456 of 2021 Applicant :- Dharmednra Kumar Opposite Party :- State Of U.P Thru Secretary Home Lknw. And Another Counsel for Applicant :- Rajesh Kumar Patel,Ashok Kumar Patel Counsel for Opposite Party :- C.S.C.
Hon'ble Alok Mathur,J.
1. The petitioner has moved review application on the premise that in fact the contents of para 10 of the counter affidavit are false and no demarcation proceedings have been carried out.
2. Even from a perusal of the rejoinder affidavit it is evident that the demarcation proceeding under Section 24 of U.P. Revenue Code have actually taken place but not as desired by the petitioner and consequently the petitioner is aggrieved by the proceedings under Section 24 of the U.P. Revenue Code. Considering the averments made by the State in the counter affidavit that the demarcation proceedings have been carried out and in case the petitioner is aggrieved then he can move an appeal under Section 24 (4) of the Code, the writ petition was disposed of.
3. Learned counsel for the applicant could not point out any error apparent on the face of the record or any other ground necessitating review of the earlier order of this Court. Accordingly, the review application is misconceived and is consequently rejected.
4. However, in case appeal is filed against the demarcation proceedings then the appellate authority shall consider all the grounds raised by the petitioner, specifically whether, in fact, any demarcation proceedings have been carried out or not and pass reasoned and speaking order in accordance with law, expeditiously.
Order Date :- 22.12.2021 RKM.
Digitally signed by ALOK MATHUR Date: 2021.12.22 16:24:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad