NAZAKAT HUSSAIN Vs. PRABHU DAYAL

JUDGEMENT

(1.) Heard Sri S.R. Singh, the learned senior counsel assisted by Sri Chetan Joshi, the teamed counsel for the Petitioners and Sri Jaideep Mathur, the learned senior counsel assisted by Sri Rahul consul, the Learned Counsel for the Respondents.

(2.) The present review application has been filed along with an application under Section 5 of the Limitation Act for review of the judgment of the learned Single Judge dated 3rd September, 2004, whereby the writ petition of the Petitioners was dismissed being devoid of merit. It transpires that pursuant to the dismissal of the writ petition, a Civil Appeal was filed before the Supreme Court which was entertained and, during the course of the hearing of the Civil Appeal, it is urged before the Supreme Court that the High Court had relied upon a provision of law which was not applicable, namely, Section 230-A of the U.P.Z.A & LR. Act (for short 'the Act') which has no application to the area in question and consequently, on that basis, the Supreme Court granted a liberty to the Petitioners to withdraw their appeal and file a review petition before the High Court. The Supreme Court also observed that the review petition would be taken on board subject to the condition that the Petitioners would deposit a sum of Rs. 7 lacs towards the mesne profits.

(3.) Based on the aforesaid direction of the Supreme Court vide its order dated 28th April, 2010, the present review application was filed on 18th June, 2010. The Stamp Reporter submitted a report that there was a delay of 2083 days. Consequently, the review application was accompanied by an application under Section 5 of the Limitation Act.