Sunil Kumar vs Board Of Revenue And Others
2023 Latest Caselaw 1504 ALL

Citation : 2023 Latest Caselaw 1504 ALL
Judgement Date : 13 January, 2023

Allahabad High Court

Sunil Kumar vs Board Of Revenue And Others on 13 January, 2023

Bench: Saurabh Lavania




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 
Case :- WRIT - C No. - 1001359 of 1995
 
Petitioner :- Sunil Kumar
 
Respondent :- Board Of Revenue And Others
 
Counsel for Petitioner :- P.L.Mishra,A.Kalra,Komal Prasad Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Lavania,J.

Order on C.M. Application No. 161909 of 2021- Application for Condonation of Delay and C.M. Application No. 161913 of 2021- Application for recall of the order dated 15.05.2014.

This application has been filed seeking recall of the order dated 15.05.2014 whereby the petition was dismissed as rendered infructuous, the same is supported by an application for condonation of delay.

The reasons of delay are valid, as such, the application for condonation of delay is allowed. Delay in filing the application for recall is condoned.

The cause shown in the affidavit filed in support of the application for recall are also sufficient, as such, the application for recall is also allowed.

The order dated 15.05.2014 is hereby recalled.

The writ petition is restored to its original number.

Order on Memo of Petition.

Heard the learned counsel for the petitioner and the learned Standing Counsel.

The counsel for the petitioner argues that in the petition the petitioner has challenged the order dated 09.03.1995 passed by the opposite party no. 1, the Board of Revenue as well as the order dated 25.06.1981 (Annexure No. 4 and 2, respectively).

The counsel for the petitioner has drawn my attention to an order passed by this Court in Writ Petition No. 1549 (MS) of 1995 whereby the same order dated 09.03.1995 was set-aside and the matter was remanded for fresh adjudication in accordance with law vide judgment dated 05.12.2016 at the instance of another similarly placed person, namely, Pradeep Kumar.

Considering the fact that this Court has already allowed the writ petition being Writ Petition No. 1549 (MS) of 1995 and the same order as challenged in the present writ petition, the present writ petition is also allowed in terms of the order dated 05.12.2016 and on the same terms and conditions, the matter is remanded before the opposite party no. 1 to take a decision in the case of petitioner also as fresh as directed by this Court in its judgment dated 05.12.2016.

Order Date :- 13.1.2023/Arun/-