ORDER

V.K. Mehrotra, J. - Swami Nagar is a mohalla in Dayalbagh which is a religious colony in district Agra. Dayalbagh is a Town area. Regulated Area Dayal Bagh was constituted for Dayalbagh under S. 3 of the U.P. (Regulation of Building Operations) Act, 1958 (for convenience, the Act) and a Master plan is said to have been proposed for the Regulated Area Dayalbagh. Swami Nagar Nagrik Parishad (briefly, the Parishad) is said to be a welfare- unit for looking after the welfare of the residents of Swami Nagar. There is a registered Society known as Allora Sahkari Avas Samiti Limited (hereafter, the Samiti) which is said to be a housing society. On Aug. 9, 1983 it submitted a plan for sanction to the Prescribed Authority, Dayalbagh Regulated Area with a view to develop certain plots as a Housing colony.

2. The Samiti submitted the layout plan, last amended on Oct. 6, 1982, under S. 7 of the Act to Prescribed Authority which did not pass any order under S. 7(3) granting permission or communicated any objection to the Samiti. On Jan. 12, 1983, a written notice was given by the Samiti to the Prescribed Authority under S. 7(4). The notice was served but the Prescribed Authority did not pass or communicate any order. Its sanction to the layout plan was, therefore, assumed to have been made by the Samiti. The Samiti says that it had informed the Prescribed Authority that it was going ahead with the layout plan through its letter of July 2, 1983 upon which by letter of July, 28, 1983, the Prescribed Authority informed it that it could continue with its development work on certain conditions specified in the letter. The Samiti further says that it entered into an agreement with the Prescribed Authority on Aug. 9, 1983.

3. The President and Secretary of the Parishad filed an appeal under.S. 15(2) of the Act before the Controlling Authority against the Permission said to have been accorded by the Prescribed Authority on Aug. 9, 1983 to the layout plan submitted by the Samiti. This was on Oct. 21, 1983. It has been asserted in .he memorandum of appeal that the order came to the knowledge of the appellant on Oct. 15, 1983. The appeal was allowed by the Controlling Authority on June 1, 1984 and the permission granted by the Prescribed Authority on Aug. 9, 1983 was cancelled. The Samiti assailed the appellate order before this Court in Writ Petn. No. 7935 of 1984. The respondents in that writ petition, which included the President and Secretary of the Parishad, were given notice that the petition would be disposed of finally at the admission stage. Parties exchanged affidavits. On Aug. 23, 1984 the writ petition was dismissed on the ground that the Samiti had a clear efficacious alternative remedy by way of revision under S. 15-A of the Act to the State Government against the order of the Controlling Authority dated June 1, 1984 by which it had set aside the permission granted by the Prescribed Authority on Aug. 9, 1983. The judgment is reported in 1984 All LJ 1259. A revision was filed by the Samiti before the State Government against the order of the Controlling Authority under S. 15-A of the Act. The President and Secretary of the Parishad were made parties to it. The State Government heard the parties and by its order of June 15, 1985 allowed the revision. It held that the appeal filed by the President and Secretary of the Parishad before the Controlling Authority on Oct. 21, 1983 was barred by limitation. The Controlling Authority could not, therefore, interfere with the order passed by the Prescribed Authority on Aug. 9, 1983. The order of the Controlling Authority was set aside with the result that the order passed by the Prescribed Authority revived. The Parishad, as also its President and Secretary, then came to this Court for relief through the present writ petition under Article 226 of the Constitution. The Samiti is respondent No. 5 in the petition. It appeared, when the petition was presented through its counsel and later filed co