JAI PRAKASH versus ADDL. COMMISSIONER, SAHARANPUR DIVISION, SAHARANPUR & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Jai Prakash v. Addl. Commissioner, Saharanpur Division, Saharanpur & Others - WRIT - C No. - 45397 of 2007 [2007] RD-AH 15739 (19 September 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble Ashok Bhushan, J.

Issue notice to respondents No. 5 to 8. Learned counsel for the petitioner contends that the mutation proceedings were dismissed after hearing both the parties on 29.3.2007 against which no application for restoration was maintainable but on an application filed on the same day the Tahsildar passed an order on 23.4.2007 recalling the order and restoring the case against which revision is dismissed on the ground that the order was interlocutory and no revision was maintainable. Learned counsel submits that the order of Tahsildr was being without jurisdiction, the writ petition be entertained. The submission of the petitioner needs scrutiny.

Let a counter affidavit be filed within four weeks. Steps for service be taken within one week.

List thereafter.

In the mean time the order dated 23.4.2007 shall remain stayed.

D/-19.9.2007

SCS/45397

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