Supreme Court of India · 2009-08-18
RAJENDRA KR. SHARMA vs STATE OF U.P. .
- Citation / case number
- SC 2007/5698
- Court
- Supreme Court of India
- Petitioner
- RAJENDRA KR. SHARMA
- Respondent
- STATE OF U.P. .
Judgment text excerpt
The Supreme Court addressed the procedural irregularities in Civil Misc. (Recall) Application No.178891/2005, where the High Court found that the counter affidavit filed by the State was not properly authorized and raised questions about the bona fides of the parties involved. The Court emphasized that the counter affidavit was filed without proper direction and noted the lack of clarity regarding the possession of the land, which had been taken by the State in 1991. Ultimately, the Court upheld the High Court's dismissal of the recall application, affirming that there was no valid ground to recall the order due to the apparent collusion and fraud involved.