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OM PRAKASH KUSHWAHA versus COMMISSIONER AZAMGARH DIVISION AZAMGARH & OTHERS

High Court of Judicature at Allahabad

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Om Prakash Kushwaha v. Commissioner Azamgarh Division Azamgarh & Others - WRIT - C No. 37439 of 2007 [2007] RD-AH 13981 (14 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Arun Tandon, J.

Heard learned counsel for the parties.

It is  contended that the Commissioner, Azamgarh Division, Azamgarh under the impugned order dated 4th April, 2007  has allowed the revision under Section 15-A of the U.P. Regulation of Building Operation Act, 1958  filed by respondent no.5 without ensuring that the petitioner, who was the complainant and was a party upto the stage of appeal had infact not been impleaded in the revision and further that no notice in respect of revision proceedings was ever issued to the petitioner.

If the said facts are correct, he is at liberty to file a recall application before the Commissioner.

Accordingly the present writ petition is disposed of finally with liberty to the petitioner to file a recall application  before the Commissioner against the order passed in the revision along with a certified copy of this order within two weeks from today. In case  such application  is filed, the Commissioner shall consider and decide the same, strictly in accordance with law, by means of a reasoned speaking order, preferably within six weeks from the date the application is so filed.

With the aforesaid observations/directions the present writ petition is disposed of finally.  

14.08.2007

Sushil/-37439-07


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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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