RAJESH KHANNA Vs. COMMISSIONER MUSSOORIE DEHRADUN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) PRESENT petition is filed assailing the order -dated 24.09.2009 passed by Chairman, MDDA/Commissioner, Garhwal Division in appeal no. 139 of 2008 -09 staying the sanctioning of map in favour of the petitioners. Brief facts of the present case inter alia that petitioners herein submitted plan / map for sanction before MDDA, which was duly sanctioned in favour of the petitioners by MDDA vide order dated 02.06.2009; respondent nos. 3 and 4, herein, feeling aggrieved by the sanction of the map in favour of petitioners preferred an appeal before the Chairman, MDDA/Commissioner, Garhwal Division, Dehradun under Section 15 (5) of the Uttar Pradesh Urban Planning and Development Act, 1973, wherein impugned order staying the sanction of map was granted, which is subject matter of this writ petition.

(2.) NOTICES were sent to respondent nos. 3 and 4 by registered post AD on 28.10.2009. Neither undelivered envelope nor AD was received back. As per order 5 Rule 21 sub Rule 2, as amended by Allahabad High Court in the year 1977, if summon is sent by the registered post AD at the correct address and registered cover is not returned undelivered by post office, same may be deemed to have been delivered to the addressee at the time, when it should have reached in the ordinary course.

(3.) SINCE registered letters containing summons were not received back undelivered within 30 days, therefore, deemed service on respondent nos. 3 and 4 held to be sufficient. I have heard Mr. Sharad Sharma, learned senior counsel assisted by Ms. Vandana Singh appearing for the petitioners as well as Mr. R.C. Arya, learned Standing Counsel for the respondent nos. 1 and 2 and have carefully perused the record.