Gram Sabha v. Nand Lal Etc. Opp. Parties.

S.R Yadav, Member:— This is review petition preferred against the order dated 22.7.2003 passed by the then learned Member Sri S.R Lakha whereby the second appeal preferred against the order dated 20.5.2003 passed by learned Additional Commissioner stood summarily rejected.

2. Heard the learned Counsels for the parties and perused the relevant papers on file.

3. The learned Counsel for the review petitioner mainly attracted my attention towards the grounds taken in review petition and submitted that opposite-parties No. 1 to 6 were being derived of their rights that they all had their land adjacent to Gaon Sabha land i.e 347 M, that the Trial Court illegally passed an order for exchange to land of Gaon Sabha though no such provision was prescribed under the Act.

4. In reply to above submissions the learned Counsel for the opposite parties in review petition submitted that the orders passed by the Trial Court as well as Additional Commissioner were just and proper and were in accordance with the provisions laid down for the same, that the orders passed by the then learned Member on 22.7.2003 was just and proper.

5. After considering the entire relevant papers and orders there was no question to admit and again hear the matter, that the review petitions had limited scope and no review petition could be brought to re-open the entire matter against the statute made for the same.

6. In support of the contentions reliance has been based on R.D 82 page 204 (para 9).

7. Having heard the parties and perused the records, I find that while passing the order dated 22.7.2003 the then learned Member considered each and every point and compared the same with those of evidences on record and finally came to the conclusion that the land in question was exchanged for construction of public way and no individual was going to be benefited by such exchange. Hence, the orders passed by the Courts below were adjudicated to be just and proper and in accordance with the provisions laid down for the same hence the matter was not found to be fit even for admission and subsequently second appeal preferred here stood summarily rejected. As has been stretched upon by the learned Counsel for the opposite parties that no new point can be raised and stressed in review petitions. The scope of review petition is very limited. The citations referred by the learned Counsel for the opposite parties are in respect of the limitation of review petition which is fully applicable in the instant matter also. In the said citation the reliance has been based oh several judicial pronouncement made in respect of review petitions. The grounds taken by review petitioner are to re-open the entire matter again which is beyond the scope of review petition. I do not find any apparent error on the face of the order dated 22.7.2003 Hence, review petition is liable to be dismissed.

8. In the result review petition having no force, is hereby dismissed.

9. Review Dismissed.