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BABUL NATH PANDEY versus STATE OF U.P. THRU' D.M. & ORS.

High Court of Judicature at Allahabad

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Babul Nath Pandey v. State Of U.P. Thru' D.M. & Ors. - WRIT - C No. 3178 of 2003 [2006] RD-AH 8678 (1 May 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO.34

Civil Misc. Writ Petition No.3178 of 2003

Babul Nath Pandey

Vs.

State of Uttar Pradesh & Ors.

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

This writ petition has been filed against the order dated 22.11.2002 (Annex.9) passed by the respondent no.2 on the ground that the Hon'ble Apex Court in T.N. Godavarman Thirumulkpad Vs. Union of India, AIR 1997 SC  1228, has restrained the authority to process any application for establishing a Saw Mill or renew the licence of a Saw Mill. This Court has considered the aspect involved herein in the case of Chaudhary Chandan Singh Vs. State of U. P. & Ors., AIR 2005 Alld. 280 in the light of the judgment of the Hon'ble Apex Court in T.N. Godavarman (supra) and passed a detailed order and in view thereof, we allow the writ petition and set aside the order dated 22.11.2002 (Annex.9) passed by respondent no.2 and direct the authority concerned to reconsider the case of the petitioner strictly in accordance with law laid down by this Court in Chaudhary Chandan Singh (supra) expeditiously preferably within a period of three months from the date of filing a certified copy of this order along with a photocopy of the judgment in Chaudhary Chandan Singh (supra) before him.

01.05.2006

AHA


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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