Sushil Kumar Pathak Vs the Housing Commissioner U.P. Avas Evam Vikas Parishad and Another

Court No. - 21

Case :- SPECIAL APPEAL No. - 931 of 2018

Appellant :- Sushil Kumar Pathak Respondent :- The Housing Commissioner U.P. Avas Evam Vikas Parishad And Another Counsel for Appellant :- Jagdish Chandra Sharma,Krishna Dutt Tiwari Counsel for Respondent :- Awadesh Tiwari

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Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.

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Heard learned counsel for the appellant and Sri Awadesh Tiwari for the respondent.

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This appeal is preferred to examine correctness of the order dated 23.05.2018 passed by learned single Bench in Writ - A No. 36256 of 2001. Under the order aforesaid, learned single Bench dismissed the petition for writ on count that the order passed by the appellate authority was not challenged in the petition for writ.

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Suffice to mention that the order passed by the appellate authority was brought on record along with counter affidavit. It is also relevant to notice that the appellate authority passed its order after filing of the petition for writ.

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Be that as it may, in this appeal an application is preferred to have amendment in the petition for writ to challenge the order passed by the appellate authority.

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Having considered the facts of the case, the application seeking amendment in the petition for writ is allowed. The amendment sought for be incorporated in the petition for writ. The appeal is disposed of by remanding the petition for writ (amended) to the learned single Bench for its adjudication afresh on merits.

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Order Date :- 1.10.2018 Prajapati

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[Chandra Dhari Singh, J] [Govind Mathur, J]

Sushil Kumar Pathak v. the Housing Commissioner U.P. Avas Evam Vikas Parishad and Another

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Sushil Kumar Pathak v. the Housing Commissioner U.P. Avas Evam Vikas Parishad and Another

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