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1990 DIGILAW 84 (SC)

Quli Qutab Shah Urban Development Authority v. Peta Bharath Kumari

1990-02-09

K.N.SAIKIA, S.RANGANATHAN

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JUDGMENT : 1. Leave granted. 2. The short point raised on behalf of the applicant authority is that the tribunal has passed its order on 26.8.88 without hearing the appellant. The order also shows that the Government pleader on behalf of the Government was heard and the appellant was not heard. The appellant filed a review petition but this is also dismissed summarily. From the appeal it appears that the appellant wanted to challenge the jurisdiction of tribunal and also to urge certain grounds on the merits. The fact is that the authority has had no opportunity to put forward his contentions before the tribunal. We therefore set aside the order of tribunal dated 7.4.89 in R.P. No.4474/88 and direct the Tribunal to dispose of the petition afresh after giving an opportunity of hearing to the applicant authority. 3. We direct the tribunal to dispose of the petitions within two months. 4. The appeals are disposed of accordingly. No costs.