LAWS(P&H)-1998-2-85

K K MARYA Vs. HOUSING BOARD OF HARYANA

Decided On February 21, 1998
K K MARYA Appellant
V/S
HOUSING BOARD OF HARYANA Respondents

JUDGEMENT

(1.) C . M. No. 12742 of 1996. 1. This writ petition was disposed on 24. 4. 1996 by passing the following order : " For the reasons recorded/discussed in C. W. P. No. 1816 of 1984, this writ petition is also dismissed. Interim order dated 9. 1. 1984 is vacated. "

(2.) THEREAFTER the petitioner filed the present application Under Section 151 of the Code of Civil Procedure for clarification and recall of the order afore-stated. The grounds mentioned in the application are that Mr. Rajiv Atma Ram who was appearing for the petitioner in the other connected writ petitions had made a statement in the present case under some mistaken impression. He was not engaged by the petitioner to argue the present petition and was, therefore, not authorised to make a statement in the present case. Mr. Rajiv Atma Ram had also appeared in this application and had expressed his regret for making the statement that this case is fully covered by the judgment in the case of Parmanand and Ors. v. The Chairman, Housing Board, Haryana and Ors. , C. W. P. No. 1816 of 1984. He has further clarified the position that the statement was made under a mistaken impression and is a bonafide error. The application is supported by affidavits.

(3.) THE application is, accordingly, allowed. The writ petition be heard on merits. There shall be no orders as to costs. CIVIL WRIT PETITIOn