RAM PYARI DEVI Vs. CHIEF JUDICIAL MAGISTRATE BAHRAICH
LAWS(ALL)-1984-10-29
HIGH COURT OF ALLAHABAD
Decided on October 11,1984

RAM PYARI DEVI Appellant
VERSUS
Chief Judicial Magistrate Bahraich Respondents


Referred Judgements :-

DIVISION BENCH IN SAMPAT RAM VARMA V. ADDL. DISTRICT MAGISTRATE [REFERRED TO]
JAGDISH LAL VS. MUNICIPAL BOARD BAHRAICH [REFERRED TO]
GURU PRASAD DIXIT VS. STATE OF U P AND OTHERS [REFERRED TO]


JUDGEMENT

S. Saghir Ahmad, J. - (1.)THIS is a petition under Article 226 of the Constitution.
(2.)THE Petitioner, it appears, had applied for sanction of a building plan which was allowed by the Municipal Board on 16 -3 -1982. This order was challenged by the opposite party No. 2 in an appeal filed under Section 318 of the U.P. Municipalities Act (hereinafter referred to as the Act) on 30 -9 -1982. Since the appeal was filed beyond the time prescribed under the Act, an application for condonation of delay was also moved. The appeal as also the application for condonation of delay were dismissed in default on 23 -11 -1982. The next day, i.e. 24 -11 -1982, an application was made for restoration of the appeal. The application was opposed by the Petitioner who filed objections on 2l -9 -1983. The Chief Judicial Magistrate, however, by his order dated 14 -10 -1983 set aside the order dated 23 -11 -1982 and restored the appeal to its original number on payment of Rs. 25/ - as costs which was required to be paid within 15 days failing which the application for restoration was to be treated as rejected. It is this order which has been impugned in the writ petition.
(3.)BY an order dated 16 -7 -1984, passed by brother Sharma, J. notice of the petition was required to be issued to opposite party No. 3 to show cause why the petition be not admitted. It was also required to be indicated in the notice that the petition itself was likely to be heard and disposed of finally.
I have heard the learned Counsel for the parties who have stated that the writ petition itself may be disposed of finally.



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.