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2025 DAILYLAW 104339 (ALL)

SUSHIL KUMAR SINGH v. STATE OF UTTAR PRADESH AND 2 OTHERS

WRIC/35467/2025 · 2025-10-09

Saral Srivastava, Sudhanshu Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35467 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard Sri Devbrat Mukherjee, learned counsel for the petitioner and Sri Rajeshwar Tripathi, learned Chief Standing Counsel-II for the State- respondents. 2. By means of the present writ petition, the petitioner has prayed for the following reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 12.09.2025 passed by District Magistrate/Collector, Mirzapur (Respondent No.2). (ii) Issue a writ, order or direction in the nature of mandamus directing and commanding to respondent no.2 not to realize any amount in pursuance of order dated 12.09.2025 from the petitioner and further no coercive action may be taken against the petitioner in pursuance of the order dated 12.09.2025." 3. It is contended by learned counsel for the petitioner that the impugned order has been passed in violation of the principles of natural justice inasmuch as the inspection was conducted ex-parte and the inspection report was not supplied to the petitioner. Accordingly, it is submitted that the impugned order, having been passed in breach of natural justice, cannot be sustained. 4. Per contra, learned Chief Standing Counsel-II submits that the petitioner never demanded a copy of the inquiry report, and under the applicable Rules, it is not mandatory for the authority to issue prior notice before conducting Versus Counsel for Petitioner(s) : Devbrat Mukherjee Counsel for Respondent(s) : C.S.C. Sushil Kumar Singh .....Petitioner(s) State Of Uttar Pradesh And 2 Others .....Respondent(s) an inspection. 5. Be that as it may, from a perusal of the impugned order, it appears that due consideration has not been given under the relevant Rules which is mandatory to issue notice prior to any such inspection. 6. We find from the impugned order that the reply submitted by the petitioner has not been considered by the competent authority. The impugned order is devoid of reasons and suffers from non-consideration of the petitioner's reply. 7. In such view of the fact, the writ petition is allowed. The impugned order dated 12.09.2025 is hereby set aside with liberty to respondent no.2-District Magistrate/Collector, District Mirzapur to pass a fresh order after giving due notice and opportunity of hearing to the petitioner and after supplying all the materials which the respondent wants to rely upon against the petitioner within a period of two months from today. October 10, 2025 Sattyarth WRIC No. 35467 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad