Friends,
You might remember a case presented by me where the Chairman of Uttar Pradesh State Backward Class Commission passed an order deciding validity of a Registry deed and for dispossessing one peaceful occupant of land which is completely beyond his power and authority.
It is so well known that validity of a Registry deed, title of a land and order about dispossessing an occupant are orders which only a Civil Court is authorized to pass.
Then I filed a Writ Petition in the Lucknow Bench of Allahabad High Court praying to quash this illegal order. Interestingly, today (18/07/2011), the counsel of the respondent said that Maurya would take back his order within two days, a fact that makes it all the more clear that he had made an illegal order previously. On this, the High Court disposed of the Writ petition. Later the Chairman passed an order saying that he is recalling his previous order.
Thus though apparently my purpose is over but I want to take the matter further to its logical conclusion. For this I want your legal opinion about whether a quasi-judicial body like the State Backward class commission can reconsider its own decision and then "recall" it? As far as my understanding goes, only an authority which has been empowered specially to recall its decision can do it. Kindly guide to about what is the correct legal position in this, if possible at nutanthakurlko@gamil.com or nutanthakurlko@yahoo.in
Dr Nutan Thakur
Secretary, IRDS,
Convener, National RTI Forum,
# 94155-34525 | 
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