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Gopal Prasad Kapoor v. State Of U.P. And Others - WRIT - C No. 73520 of 2005  RD-AH 6892 (5 December 2005)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
Heard Sri O.S. Tripathi learned counsel for the petitioner and Sri Vivek Verma for the respondent.
The controversy in this case lies in a very narrow compass. There is a dispute regarding the construction in the suit premises and the matter had been decided by the Appellate Authority vide order dated 8.6.2005. The Appellate Authority while remanding the case to the respondent no.4, directed that the matter may be reconsidered afresh and in case the present petitioner files an application for compounding the unauthorised construction, the application may be considered only to the extent it was possible to compound such unauthorised construction but before dealing with the case, a report may also be called from ASI.
It is pointed out by Sri Verma that the matter could not be decided because in spite of several reminders, the ASI has not yet submitted the report but an attempt shall be made to decide the matter as early as possible after getting the report from the ASI.
In the facts and circumstances of the case, we request the authorities of the ASI concerned to submit the report as early as possible and the respondents are directed to take a final decision within a period of three weeks from the date of receipt of the ASI report. For that purpose the petitioner is also at liberty to approach the authorities of ASI.
With these observations the Writ Petition is disposed of.
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