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Daya Shanker & Others v. D.D.C. & Others - WRIT - B No. 63949 of 2005 [2005] RD-AH 7399 (13 December 2005)


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W.P. No. 63949 of 2995.

Hon. S.N.Srivastava, J.

In this writ petition, it is necessary to give a condensed account of the facts. From the record it is clearly borne out that after considering the arguments of the learned counsel for the petitioner and learned Standing counsel and on perusal of the record application dated 5.8.2000 filed by Opp. party to recall order dated 13.1.2000 which was barred by time was allowed by order dated 5.7.2004 but without recording any reasons and without application of mind. The delay in filing application was also not condoned and appellate court was wholly incompetent to pass order without condonation of delay. The revisional court erred in law in dismissing the restoration application to recall the order vide order dated 23.8.2004 and revisional order dismissing the revision dated 7.6.2005 are liable to be quashed. In consequence, writ petition succeeds and allowed and impugned orders  dated 28.8.2004 and 7.6.2004 are quashed and matter is remitted to Settlement officer consolidation to consider the restoration application of Opp. party on merit in accordance with law and pass appropriate orders by a speaking order assigning reasons for conclusions.

For orders see judgment and order in the writ petition no. 53754 of 2002.




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