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2025 DAILYLAW 133944 (ALL)

CARPET EXPORT PROMOTION COUNCIL THRU. AUTH. REPRESENTATIVE MR.AKHILESH KUMAR BHARTIYA AND ANOTHER v. DISTRICT MAGISTRATE /COLLECTOR,BHADOHI,SANT RAVIDAS NAGAR,U.P. AND ANOTHER

A227/2116/2025 · 2025-04-18

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22038 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2116 of 2025 Petitioner :- Carpet Export Promotion Council Thru. Auth. Representative Mr.Akhilesh Kumar Bhartiya And Another Respondent :- District Magistrate /Collector,Bhadohi,Sant Ravidas Nagar,U.P. And Another Counsel for Petitioner :- Alok Mishra,Priyanshu Shukla Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed by the petitioners challenging the orders dated 19.09.2024 whereby the appeal preferred by the petitioner was dismissed in default as well as the order dated 07.03.2025, whereby the restoration application was dismissed holding that in the old Act, there was no power of restoration available with the State Commission, as such, the proceedings cannot be restored. 3. Considering the argument raised by the counsel for the petitioner, it is well settled that the power of substantial review/recall is not available unless specifically provided for, however, the power of procedural review is available and implicit in all the authorities, as such, the order dated 07.03.2025 cannot be sustained and is quashed. The matter is remanded to the State Commission to pass an order afresh on the restoration application filed by the petitioner within a period of two months. For a period of two months, the recovery in pursuance to the order which is impugned in the appeal shall remain stayed. 4. The petition is disposed of in terms of the above. Order Date :- 18.4.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench