- (1.) Heard Shri Prashant Chandra, learned Senior Advocate assisted by Shri Jaspreet Singh, Advocate for the applicants-petitioners and Shri S.K. Kalia, learned Senior Advocate, Shri M. A. Khan, Senior Advocate and Shri Anil Tiwari, Senior, Senior Advocate assisted by Shri Rajat Rajan Singh, Mohd. Adil Khan, Mohd. Shadab Khan and Shri Apoorva Tewari, Advocate.
(2.) This is an application for review filed by the applicants-petitioners seeking a review of the judgment passed by the Writ Court on 27.04.2010 in Writ Petition No. 349(M/S) of 2007 by which the writ petition under Article 226 of the Constitution of India challenging the judgment dated 15.11.2006 passed by the Board of Revenue arising out of the proceedings in two Suits under Section 229-B and 176 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as 'Land Reforms Act, 1950'), respectively.
(3.) First and foremost a preliminary objection was raised by the Senior Counsel appearing for the opposite parties no. 4 and 5 on the ground that there was no provision for reviewing the judgment passed under Article 226 of the Constitution of India, secondly, the review application had been filed on 11.08.2010 i.e. after almost three months of passing of the judgment dated 27.04.2010, therefore, it was beyond the period of 130 days prescribed under Section 124 of the Limitation Act, 1963, that too, unaccompanied by any application under Section 5 for extension of limitation/condonation of delay in filing the same, therefore, not only interim order could not have been passed therein, but, in fact the review application itself was not maintainable and was liable to be dismissed.;