TMI Blog2021 (8) TMI 1137X X X X Extracts X X X X X X X X Extracts X X X X ..... o-called communication of resolution comment to the writ petitioner (annexure-2 to the review petitions) by filing the same in the review petition for the first time, cannot be a ground for review. It is not the case of the review petitioners that so-called communication proof, if any, was not within their knowledge at the time of filing of the counter affidavit in the writ petition. Failure to place so called communication of resolution comment in writ record due to inadvertence, cannot be a ground for review - this Court is of the considered view that no ground for review has been made out. These review petitions are dismissed. - Civil Review No. 20 of 2021 With Civil Review No. 30 of 2021 - - - Dated:- 29-7-2021 - HON BLE MR. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und, was communicated to the writ petitioner for the first time through the counter affidavit filed by the Respondent no. 4. 5. It has been submitted by the learned counsel for the review petitioner in both the cases that identical points are involved in both the review petitions. 6. Upon a query by this Court, the learned counsel for the review petitioner has not been able to point out any error of record committed by the writ court while passing the judgment under review. 7. While arguing on the ground of review it has been submitted by the learned counsel for the review petitioner that it was stated in the counter affidavit filed in the writ petition that the writ petitioner did not follow the resolution comment after closure of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iscovered subsequently. Accordingly, no case for review is made out. He has also submitted that otherwise also, it has been left to the authority to decide the claim for refund and there is no direction of refund as such. 11. After hearing learned counsel for the parties and going through the materials on record, this Court finds that a resolution of the problem was also issued but the writ petitioner did not abide by the direction given in the resolution and it was specifically mentioned in para 8 of the counter affidavit filed by the respondent no. 1 to 4 in the writ petition that the ticket allotted to the writ petitioner was closed on 25.03.2019, but no supporting document with regard to communication of the resolution comment was br ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
