- (1.) Service of notice upon the respondent is deemed to be sufficient in view of the office report dated 11.7.2014 but no one has put in appearance on his behalf. Heard learned Counsel for the petitioner. No one appears for the respondent. The dispute relates to grant of permission to construct a wall of house No. 121/64 situate in Mohalla Katghar, Tehsil Sadar, District Allahabad. The respondent applied under section 28(4) of U.P. Act No. 13 of 1972 for permission to repair/construct a wall 12 ft. in length of the aforesaid house on the ground that it has been seriously damaged during rains. The application has been allowed vide order dated 23.3.2013.
(2.) Petitioner, who is landlord, moved application for recall of the said order on the ground that it has been passed without notice or opportunity of hearing to him. The said application has been rejected on 21.5.2014 without recording any finding as to whether any notice was duly served upon the petitioner or not.
(3.) Thus, the petitioner has preferred this writ petition challenging both the orders dated 23.3.2013 and the order dated 21.5.2014 by which his recall application has been rejected.;