This petition has been filed for review of the order dated 31.10.2013.
I have heard Sri M.A.Khan learned senior counsel in support of the review application. He has submitted that against the order sought to be reviewed, S.L.P. was filed before the Apex Court but the same was subsequently withdrawn for filing the instant review application. He submits that the delay in filing the review is occasioned on account of the aforesaid fact.
In view of the aforesaid submission, the delay in filing the review application is condoned.
On merit, learned senior counsel Sri Khan has submitted that the applicant is aggrieved by the direction issued that action be proposed to be taken against those who are responsible for allotment proceedings without prior advertisement in the news paper in accordance with the directions in the case of Raja Ram Vs. Son Kali 2009(107) R.D. 796. The relevant paragraph of the judgment under review is reproduced below:
"A.D.M. Finance and Revenue, Pratapgarh, is directed to first decide this question as to whether advertisement was issued prior to the allotment in accordance with the aforesaid authority or not, if not, the entire allotment shall be canceled on hat ground alone and action shall also be proposed to be taken against those who were responsible for the situation including Pradhan and Lekhpal. In that eventuality fresh proceedings for allotment shall be taken after due advertisement in accordance with the above authority."
Relying upon the aforesaid observation/direction, learned counsel for the petitioner submitted that in view of the same, authorities below shall take action against the applicant Pradhan without giving him opportunity to explain his position in the matter.
Having heard learned counsel for the applicant, I see no ground for entertaining the review application. The apprehension of the learned counsel for the applicant is totally unfounded. The direction contained in the order sought to be reviewed is merely that action shall be proposed against the persons responsible.
The direction is not as to what specific action is to be taken. The direction is merely that action be proposed.
Needless to say, the said observation, necessarily entails that what ever action is proposed shall be finalised only after considering the explanation if any both on facts and in law that may be offered by the applicant.
In view of the discussion above, the review application lacks merit and is dismissed.
Order Date :- 10.2.2014 mna