GYAN CHAND Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A preliminary objection is raised by Mr. M.S. Tyagi, learned Senior Counsel appearing on behalf of the petitioner, that, in the absence of an application seeking condonation of the delay in filing the Review Application, this Court would not be justified in examining the Review Application on its merits. Mr. B.P. Nautiyal, learned Senior Counsel appearing on behalf of the review applicants, would submit that there is no delay in filing the Review Application and the contention, urged on behalf of the respondent-writ petitioner that there is a delay of 01 day in preferring the Review Application, is not tenable.

(2.) The order under review was passed on 01.04.2019, and the application, to be furnished a certified copy of the said order was made on 24.04.2019. The certified copy, of the order under review, was prepared on 06.05.2019 and the Review Application was filed on 14.05.2019. The submission of Mr. M.S. Tyagi, learned Senior Counsel for the petitioner, is that the 30 days limitation period, for preferring a Review Application, should be computed as (i) 23 days between 01.04.2019 and 24.04.2019 excluding 01.04.2019; and (ii) 08 days from the date on which the certified copy was prepared on 06.05.2019 till the Review Application was filed on 14.05.2019, which would then come to 31 days i.e. 01 day beyond the 30 days limitation period.

(3.) No application seeking condonation of delay has, admittedly, been filed. Consequently, it is only if the Review Application has been preferred within the 30 days limitation period, can it be entertained. Mr. B.P. Nautiyal, learned Senior Counsel appearing on behalf of the review applicants, would rely on Ramkrishna Bhau Dajiba Bhau and Ors. v. Shrawan Kisan Patil and Ors. AIR 1944 NAGPUR 356, and Govindan Vijayan v. Karambi Parvathy AIR 1961 KERALA 207, to contend that, in the light of the law declared in the aforesaid judgments, both the days, i.e. the day on which an application is made to be furnished a certified copy, and the day on which it is delivered should be excluded.