SWARNPREET KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) CM No. 6477-CWP of 2021 Present application under Sec. 5 of the Limitation Act, 1963 read with Sec. 151 CPC moved by the applicants-petitioner Nos. 1 & 2 through their GPA holder - Mr. Gurpartap Singh, is for condonation of delay of five (05) days in filing of the review of judgment / final order dtd. 22/3/2021 in CWP No. 6558 of 2021 passed by this Court. Application is allowed. The delay of five (05) days in filing the review application, being insignificantly small, is condoned. Registry to place the same at appropriate place in the paper-book and paginate accordingly. RA-CW No. 115 of 2021 This is an application filed by General Power of Attorney (GPA) holder of applicants / petitioner Nos. 1 & 2, seeking review of the order dtd. 22/3/2021 passed by this Court, whereby their writ petition was disposed off in view of the prayer made by their counsel during the course of arguments, to not press the writ petition in view of the observations made by this Court and instead approach the Department of Town & Country Planning (DTCP) and Haryana Urban Development Authority (HUDA) for seeking external development works around the Complex.

(2.) The attorney holder has argued in person, and submitted that he had never authorized his counsel to withdraw the writ petition qua the challenge to the impugned occupation and completion certificates (Annexures P-13 and P-21). It is further submitted that as the hearing of the case took place through virtual Court and the petitioners had no opportunity of hearing the proceedings in the Court room, therefore, there arose no occasion either for them or for their Power of Attorney holder to give appropriate instructions. It is, therefore, argued that the instant application be allowed, and the matter be heard on merits.

(3.) We have heard the review applicant at length and have perused the paper-book, especially the contents of review application filed by the petitioners as well, considering the fact that the matter has been argued by a party in person. However, we are of the opinion that instant application is devoid of any merit.