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2024 Supreme(All) 1588

SUBHASH VIDYARTHI
Annavaram Concrete Pvt. Ltd. – Appellant
Versus
Tehsildar Ramnagar Barabanki – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: R.K. Srivastava, Satish Chandra Kashish, D.P. Singh Kamal.
For the Respondents: R.S. Tomar, Rana M.P. Singh, Virendra Mishra.

JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Heard Dr. R.K. Srivastava and Sri Nishchal Jagdhari, the learned counsel for petitioner in Writ (C) No. 1004625 of 2008, Sri Satish Chandra Kashish, the learned counsel for the petitioner in Writ (C) No. 1001062 of 2013, Sri Hemant Kumar Pandey, the learned Standing Counsel appearing for the State and Sri Virendra Mishra, the learned counsel for the private opposite party Concrete Fabricators Karmchari Union, Burhwal, Barabanki in both the Writ Petitions and perused the records.

2. Writ (A) No. 1004625 of 2008 had been dismissed for want of prosecution by means of an order dated 08.04.2019. An application for recall (IA-No. 7 of 2024) along with an application for condonation of delay (IA No. 6 of 2024) in filing recall application have been filed by the petitioner. The applications are supported with duly sworn affidavits. Accordingly, the applications are allowed. Delay in filing recall application is hereby condoned and the order dated 08.04.2019 is hereby recalled. Writ (A) No. 1004625 of 2008 is restored to its original number.

3. Writ (C) No. 1004625 of 2008 has been filed challenging validity of an order dated 11.09.2008, passed by the Presidi

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