MOHAN SWAROOP Vs. STATE OF U.P.
LAWS(ALL)-2021-3-92
HIGH COURT OF ALLAHABAD
Decided on March 23,2021

Mohan Swaroop Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

Ashwani Kumar Mishra, J. - (1.) Review has been sought by the respondent State of Uttar Pradesh and its officials of the judgment and order dated 17.11.2018, passed by this Court in Writ Petition No.11964 of 2018 and in two other connected cases, relying upon an order passed by the Hon'ble Supreme Court of India in Special Leave Petition (Civil) Diary No(s). 35935/2019, dated 8.1.2020. The order of Supreme Court dated 8.1.2020 is reproduced hereinafter:- "By referring to the affidavit filed on behalf of the State, the learned Solicitor General submits that the initial engagement of the petitioners in the said writ petition was obtained on the basis of fabricated documents. The Government did not get an opportunity to file counter affidavit in the other writ petitions which were disposed of in terms of the judgment dated 14.11.2018 of this Court passed in Sabba Shanker Dubey versus Divisional Forest Officer (Civil Appeal No.10956 of 2018 etc.). He submits that the point pertaining to the initial engagement/entitlement of the Respondents being improper has not been considered by the High Court. He seeks leave to withdraw these Special Leave Petitions with liberty to approach the High Court by filing review petitions. Permission is granted. The Special Leave Petitions are dismissed as withdrawn with the aforesaid liberty. We are informed that a contempt has been filed by the Respondents. Contempt proceedings shall not be taken up till the review petitions are decided by the High Court."
(2.) It is after expiry of 11 months of the aforesaid order of the Hon'ble Supreme Court of India that the review application alongwith application for condonation of delay has been filed on 20th November, 2020. The delay condonation application has been allowed by a separate order of the date, passed on the delay condonation application.
(3.) A counter affidavit alongwith misc. applications have been filed by the writ petitioners opposing the prayer made by State in the review petition. The writ petitioners contend that filing of the review application is actually a fraud played on the Court and various submissions are made to substantiate such plea. The review petition has been heard and the records have been minutely scrutinized so as to maintain sanctity of the Court proceedings.;


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