Court No. - 9
Case :- WRIT - B No. - 427 of 2019 Petitioner :- Manni Lal And 5 Others Respondent :- Kanpur Development Authority Counsel for Petitioner :- Ram Gopal Tripathi Counsel for Respondent :- Pradeep Kumar Tripathi
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners and Shri Abhinav Krishna Srivastava for the Kanpur Development Authority.
With their consent, the writ petition is being decided finally at the admission stage without calling for a counter affidavit.
It appears that proceedings for cancellation of allotments made in favour of the petitioners were instituted by the Kanpur Development Authority. These proceedings culminated in an order dated 23.10.2017 passed by the Board of Revenue, whereby the allotment in favour of the petitioners was affirmed and challenge thereto by the Kanpur Development Authority failed.
Against this order, a recall application was filed on behalf of Kanpur Development Authority, which has been allowed vide order dated 30.11.2018, impugned.
The Board of Revenue while allowing the recall application has recorded that although, the order sought to be recalled clearly mentions that counsel for the parties have been heard, yet it recalled the order on the specious reasoning that the arguments on behalf of the Kanpur Development Authority have not been noted in the order of the year 2017.
In the context of the argument raised by counsel for the parties, I have carefully scrutinized the order dated 23.10.2017 and I find that the submissions of counsel for the Kanpur Development Authority have been taken note of and have been considered.
Under the circumstances, the impugned order has been passed on a reasoning, which is contrary to the record and for this reason, patently incorrect.
For the same reason, the order dated 30.11.2018 allowing the recall application on a wholly illegal and incorrect premise, cannot be sustained and is liable to be set aside.
Accordingly, I allow this writ petition and set aside the order dated 30.11.2018.
No order as to costs.
Order Date :- 26.2.2019 / RKM