Court No. - 9
Case :- WRIT - C No. - 18995 of 2019 Petitioner :- Ram Avadh And 6 Others Respondent :- Sub Divisional Magistrate, Phoolpur And 2 Others Counsel for Petitioner :- Raj Karan Yadav,Yadvendra Kumar Yadav Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Anjani Kumar Mishra,J.
The contention of the petitioners is that a suit filed by them under Section 229B of the U.P.Z.A. & L.R. Act was wrongly dismissed holding it to be barred by Section 49 of the U.P. Consolidation of Holdings Act.
The contention is that the order is erroneous as it is based on certain incorrect facts. Therefore, a correction application has been filed by the petitioners, which has not been disposed of.
In the context of the facts aforesaid, the following relief is prayed for in this writ petition:-
"i) Issue a writ order or direction in the nature of mandamus directing the respondent Sub Divisional Officer Phoolpur to decide the application of the petitioner (contained as Annexure no.4 to this writ petition) as early as possible."
In my considered opinion, once a suit under Section 229B has been decided and the judgement suffers from factual errors, the remedy is not by means of a correction application but by means of a review application.
The petitioner, in case, so advised seeking review of the order passed by respondent no.1, Sub Divisional Magistrate, Phoolpur District Allahabad or he may file an appeal against the said judgement and decree.
Subject to above, the writ petition stands disposed of.
Order Date :- 29.5.2019 Radhika