Notices on behalf of opposite parties 1 to 3 have been accepted by learned Chief Standing Counsel.
Heard Mr.Vishnu Dev Shukla, learned counsel for the petitioner as well as learned Standing Counsel.
The petitioner has challenged the order dated 14th of June, 2010, passed by the Additional District Magistrate (Supply), Lucknow, whereby the petitioner's application dated 26th of May, 2010 for cancellation of order dated 23rd of October, 2008 has been rejected, on the ground that the petitioner was served with the notice of the case, but she did not respond, whereas learned counsel for the petitioner disputes so and submits that the matter deserves to be heard and decided on merit.
Considering the facts and circumstances of the case, I am of the view that the matter requires hearing on merit as a fresh after providing opportunity of hearing to the parties concerned, therefore, I hereby quash the order impugned dated 14th of June, 2010, passed by the Additional District Magistrate (Supply), Lucknow and allow the application moved by the petitioner on 14th of June, 2010 with the direction to the Additional District Magistrate (Supply), Lucknow to proceed and hear the case afresh and pass an order on merit after providing opportunity of hearing to the parties concerned.
Keeping in view the submission of learned Standing Counsel that the petitioner is avoiding in cooperation of the proceeding, I hereby direct the petitioner to place this order before the authority concerned on 28th of June, 2010, who shall proceed with the case and decide the same expeditiously as per observations made here-in-above within one month from the date of production of a certified copy of this order.
With the aforesaid observations and directions the writ petition is disposed of finally.
Order Date :- 17.6.2010 Banswar