STATE OF UTTAR PRADESH Vs. PADAM CHAND GARG

JUDGEMENT

(1.) Special leave granted.

(2.) Counsel heard. In our view the High court was in error in rejecting the Writ Petition No. 8504 of 1982 on the ground that it was open to the Public Works Department to prefer an appeal to the State government against the order of the Collector. S. 7 of the U. P. Roadside Land Control Act, 1945 provides by Ss. (1 that any person aggrieved by an order of the Collector under subsection (2 of S. 6 granting permission subject to conditions or refusing permission made within the time stated, could prefer an appeal to the provincial government. The provisions of the S. make it clear that Ss. (1 does not provide for any appeal against an order of the Collector granting unconditional permission under S. 6 (2. Moreover, as the appeal lies to the government itself it is not possible to come to a conclusion that the government was entitled to file an appeal against the order of Collector before itself. In these circumstances the impugned judgment is set aside and the High court is directed to dispose of the writ petition on merits. As the case is an old one, the writ petition may be disposed of as expeditiously as possible. The appeal is disposed of accordingly.