High Court of Judicature at Allahabad
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Hari Das Agrawal And Others v. State Of U.P. And Others - WRIT - C No. 75416 of 2005  RD-AH 84 (2 January 2006)
Hon'ble Sushil Harkauli J.
Hon'ble Vikram Nath J.
Short counter affidavit filed today is taken on rec ord.
By an order dated 31.10.2005 the Development Authority refused to consider the lay out plan of the petitioner. That order was challenged by the petitioner in Writ Petition No. 74015 of 2005 and the petition was dismissed by the bench comprising of Hon'ble R.P. Mishra and Hon'ble Sanjai Mishra JJ. by a final order dated 5.12.2005.
The order dated 31.10.2005 virtually amounts to rejection of the lay out plan holding that it cannot be passed for the reasons mentioned in that order. By the present writ petition the petitioner prays for reconsideration and approval of the same lay out plan.
In our opinion unless the order dated 31.10.2005 along with its reasons is set aside, there would be no question of any such reconsideration.
In the circumstances, the petitioner has two remedies either to file an appeal before the Chairman of the Development Authority under section 15 (5) of U.P. Urban Planning and Development Act 1973 or to file a review application in the writ petition which was decided on 5.12.2005.
Learned counsel for the petitioner prays that this writ petition be treated as review petition. This prayer can appropriately be considered by the Bench which passed the order dated 5.12.2005. It is therefore directed that both these writ petitions be listed before that bench at the earliest.
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