LAWS(ORI)-2017-11-51

SURESH KUMAR AGARWAL Vs. BIMALA BHUE AND OTHERS

Decided On November 08, 2017
SURESH KUMAR AGARWAL Appellant
V/S
Bimala Bhue And Others Respondents

JUDGEMENT

(1.) The petitioner, who is the son of the writ petitioner in OJC No. 1281 of 1995, has filed this application seeking review of the judgment dated 14.03.2011 passed by this Court in W.A. No. 229 of 2008 declining to interfere with the judgment dated 31.10.2008 passed by the learned Single Judge in OJC No. 1281 of 1995, being devoid of merits.

(2.) The factual matrix of the case essential for deciding the application for review, shortly put, is as follows:

(3.) Mr. Sidhartha Mishra-1, learned counsel for the review petitioner sought for review of the order dated 14.03.2011 passed in the writ appeal on the ground that the land in question, being a "Jagir land" as defined under Section 2(e) of the VPA Act, 1964 and the father of the petitioner having acquired title over the same by way of a permanent "Rayati Patta" dated 14.06.1945 issued by the Gountia, could not have been settled with the predecessor of opposite parties no. 1 to 3 under the VPA Act, 1964 and, as such, the settlement, if any, being illegal and without jurisdiction, is liable to be set aside. It is further contended that the review petitioner could not file the most relevant document in the writ petition, although the same was very much available in the lower Court record. As the aforesaid facts had not been taken into consideration by the Court, while passing the impugned order, he seeks for review of the same.