Court No. - 9
Case :- WRIT - B No. - 5646 of 2018 Petitioner :- Santosh Kumar Sharma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashok Kumar Rai,Chandra Sekhar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
The instant writ petition is directed against the order dated 06.10.2018 whereby a highly time barred restoration application filed by the petitioner, has been rejected primarily on the ground of delay. This restoration application sought recall of an order dated 09.09.2003, which, as per the averments made in the writ petition has been passed in a revision wherein the father of the petitioner was a party.
This highly barred restoration application has been filed on the ground that the petitioner was a minor when the order was passed.
In my considered opinion, this restoration application was sheer abuse process of the Court, because it is not the case of the petitioner that his father was not heard or that he was dead on the order was passed. The petitioner appears to have succeeded to the interest of father on the death of his father.
However, his succession does not give him right to re-open proceedings which had attained finality against his predecessor-in-interest, his father. The restoration application, was, therefore, entirely misconceived that has been rightly rejected.
For the same reason, this writ petition is totally devoid of merits and is hereby dismissed.
Order Date :- 27.11.2018 Priyanka