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Arun Kumar v. Municipal Board Nakur And Anr. - WRIT - A No. 36460 of 1994 [2007] RD-AH 13358 (2 August 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


                                                                               Court No.26

Civil Misc. Writ Petition No. 36460 of 1994

Arun Kumar Vs. Municipal Board, Nakur,

Tehsil Nakur, District Saharanpur

and another

Hon'ble Vineet Saran, J.

By means of this writ petition the petitioner is challenging the appellate order dated 7.10.1994 passed by the respondent no.2 in the appeal filed by the petitioner.

I have heard Sri B.C.Rai, learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondent no.2. Although the case has been taken up in the revised list but no one is present on behalf of respondent no.1.  

The said appeal of the petitioner has been dismissed on the ground that the petitioner did not file the same through proper channel, which was the authority who passed the order impugned in the appeal. Sufficient explanation has been given in the writ petition for not having been able to file the appeal through the Chairman of the Board as the Chairman refused to entertain the appeal and returned the same to the petitioner. Since the matter relates to the termination of the petitioner, in my view, the appeal filed by the petitioner should have been considered and decided on merit, instead of dismissing the same on technical ground of having been filed directly and not through the proper channel. As such the order dated 7.10.1994 deserves to be quashed.

Accordingly, this writ petition stands allowed. The order dated 7.10.1994 is quashed. The matter is remanded back to the respondent no.2 for deciding the appeal filed by the petitioner on merit, in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of filing of a certified copy of this order before the said respondent.

No order as to cost.





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