HANUMAN PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) HANUMAN Prasad has directed this petition under Article 226 of the Constitution feeling aggrieved by the order passed by the District Magistrate with respect to grant of cinema licence. Learned counsel for the State brought to my notice the order passed in appeal on 19 -11 -1985 by Sri K.K. Randher. Learned counsel for the Petitioner invited my attention to Annexure -10 which is an affidavit of Sri V.K. Chaurasia Advocate who had appeared on behalf of his petitioner). It has been stated in the affidavit that he never made any concession that the appeal was not pressed.

(2.) I have given my anxious consideration to the contents of affidavit and the order passed by Sri K.K. Randher. The order is a short one and is quoted in verbatim: - -

(3.) CONSIDERING the entire facts and circumstances I set the order dated 19 -11 -1985 with a direction that the appeal will be restored to its original number by Sri K.K. Randher or his successor and he will dispose of the appeal on merits by 15th December, 1985. The petitioner is before the appropriate authority on 22nd November, 1985, the learned authority; even if receives no intimation from this Court will proceed to dispose of the appeal on the basis of certified copy of this order produced before him. Standing counsel will also intimate the concerned authority.