RUDRAPAL SINGH BHADOURIYA Vs. ARVIND KUMAR

JUDGEMENT

(1.) The present review petition under Order 47 Rule 1 CPC has been filed by a person claiming himself to be an interested party in a property which was subject matter of W.P. No.145/2023 decided by this Court vide order dtd. 27/1/2023 alleging that though he had accrued certain rights in the property in question as the sale-deed has been executed in his favour, but without impleading him as a party the respondents have obtained an innocuous order of directing the respondent no.3 therein to decide the matter regarding mutation pending before it in case no.1024/2020-21(B-121).

(2.) Review of the order dtd. 27/1/2023 has been sought on the ground that earlier with regard to same subject-matter one W.P. No.4731/2013 was filed by the predecessor in title of the review petitioner which was admitted on 7/1/2014 and, thereafter, due to pleading no instructions by the counsel the said writ petition got dismissed on 9/7/2018 and as there was stay operating in the said order in favor of the predecessor in title of the review petitioner, in wake of the order impugned herein the said right is getting frustrated as no opportunity could be availed by the review petitioner to make submissions either before this Court or the revenue authorities, thus, the order Annexure A/1 dtd. 27/1/2023 passed in W.P. No.145/2023 needs to be reviewed and recalled.

(3.) On the other hand, learned counsel for the State while placing reliance on para 89 of the judgment passed in the matter of Government of NCT of Delhi and Another vs. K.L. Rathi Steels Ltd. and Ors reported in 2023 (9) SCC 757, has argued that while referring to another judgment of the Apex Court in the matter of Union of India vs. Sandur Manganese and Iron Ores Ltd reported in 2013 (8) SCC 337 , the Court delineated on some of the grounds as to when the review will not be maintainable which are as under:-