Allahabad High Court
BALWAN SINGversusUNION OF INDIA AND 3 OTHERS
- Decided
Holding
The Court held that the petitioner’s belated approach precludes any relief and dismissed the writ petition.
Summary
Balwan Sing filed a review application challenging an order dated 24 April 2026 in Writ‑C No.10711 of 2026. The High Court examined the petition and observed that the applicant had approached the Court belatedly. Relying on several Supreme Court decisions, the Court held that the delay precluded any relief. Consequently, the Court deleted paragraphs 4 and 5 of the original order and substituted a new paragraph dismissing the writ petition. The review application was allowed to the extent of modifying the order. The writ petition was therefore dismissed.
Issues considered
- Whether the petitioner’s delay in filing the writ petition bars the grant of relief under established Supreme Court jurisprudence
Subjects
- delay
- limitation
- writ petition
- review
- Supreme Court precedents
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CIVIL MISC REVIEW APPLICATION No. - 82 of 2026
Balwan Sing
.....Applicant(s)
Versus
Union Of India And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Hare Krishna Mishra
Counsel for Opposite Party(s) : A.S.G.I., C.S.C.
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Sri Hare Krishna Mishra, learned counsel for the applicant; Sri
Vivek Kumar Singh, learned counsel appearing for respondent nos.1, 2
and 4 and Sri Hare Ram Tripathi, learned Standing Counsel for the State-
respondent.
2. The instant review application has been filed for reviewing the order
dated 24.4.2026 passed in Writ-C No.10711 of 2026.
3. After hearing learned counsel for the parties, we are of the view that the
paragraph nos.4 and 5 of the order dated 24.4.2026 be deleted and shall be
substituted by the following paragraph :-
"After having heard learned counsel for the petitioner, we are
of the view that the petitioner has approached the High Court
very belatedly and for the apparent delay, no relief can be
granted in view of the judgments passed by the Supreme Court
in Shankara Cooperative Housing Society Ltd. vs. M.
Prabhakar & Ors. : (2011) 5 SCC 607; Swaika Properties
Ltd. & Anr. vs. State of Rajasthan & Ors. : (2008) 4 SCC
695; Aflatoon & Ors. vs. Lt. Governor of Delhi & Ors. :
(1975) 4 SCC 285 and Indore Development Authority vs.
Manoharlal & Ors. : 2020 SCC OnLine SC 316. The writ
petition is, accordingly, dismissed."
CMRA No. 82 of 2026
2
4. The application is, accordingly, allowed to the extent indicated above.
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
September 18, 2026
GS
Digitally signed by :-
GAUTAM SONI
High Court of Judicature at Allahabad
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