- (1.) Heard Sri Rajesh Mishra, learned counsel for the petitioner, learned Standing Counsel and Sri S.K. Rai, learned counsel for respondent no. 2.
(2.) The petitioner claims to be wife of late Om Prakash stated to be occupier of House No. 54, Jubleeganj, B.C. Bazar, Meerut Cantt, Meerut. A notice dated 22.6.2007 appears to have been served upon the husband of the petitioner namely Om Prakash with the allegation therein that some unauthorised constructions were being raised by him, details of which has been given in the notice. In his reply, the petitioner had refused that any unauthorised construction was raised by him rather he made only repairs, re-plastering and white wash as the building required necessary repairs. An appeal was filed against the notice dated 22.8.2006 issued under Section 185 of the Cantonments Act, 1924.
(3.) In the meantime, Sri Om Prakash had died and the appeal was dismissed on 11.12.2013. The petitioner's son Sri Rahul Prakash had filed a Writ Petition No. 4446 of 2014 which was allowed on the ground that the petitioner therein i.e. Sri Rahul Prakash had no knowledge of the proceeding after the death of his father. He was never substituted in the appeal and the appellate order has been passed against a dead person. The direction given by this Court was to provide opportunity in the shape of oral hearing. It appears that thereafter an affidavit and written arguments were filed by the petitioner and fresh order was passed in dismissing the appeal on 24.2.2015. Hence this writ petition.;