PUNEET KUMAR SONKAR v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIA/1134/2025 · 2025-01-27
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10474 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10474 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:13961 Court No. - 7 Case :- WRIT - A No. - 1134 of 2025 Petitioner :- Puneet Kumar Sonkar Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Abhishek Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present petition with the following prayer:- I. Issue a writ order or direction in the nature of certiorari quashing the impugned orders dated 23.12.2023 and 09.06.2024, passed by the respondent no.3, and impugned order dated 20.11.2024 passed by by the respondent no.4 (Annexure no.1 to the writ petition).
2. It is argued by learned counsel for the petitioner that an order dated 06.06.2023 was passed by the State Information Officer, U.P. Information Commission Lucknow by which a penalty of Rs.25,000/- has been imposed upon respondent No.3/Block Development Officer, Cholapur, District Varanasi. The aforesaid order has become final between the respondent No.3 and State Information Officer, U.P. Information Commission Lucknow. It is argued that in order to shift the liability, without providing any notice or opportunity of hearing to the petitioner, order dated 09.11.2024 has been passed by the respondent No.3 directing the petitioner to deposit the aforesaid amount.
3. Learned Standing Counsel does not disputed the aforesaid fact that the order impugned has been passed without providing any notice or opportunity of hearing to the petitioner.
4. Heard learned counsel for the parties and perused the record.
5. The law is well settled that the order having civil consequences cannot be passed without providing any notice or opportunity of hearing to the petitioner.
6. In the facts and circumstances of the case and in view of the admitted fact that the orders impugned dated 09.11.2024 passed by respondent No.3/Block Development Officer, Cholapur, District Varanasi are having civil consequences and the same has been passed without providing any notice or opportunity of hearing to the petitioner and in complete violation of principles of natural justice, therefore, the dated 09.11.2024 passed by respondent No.3 is liable to be set aside and is hereby set aside.
7. The respondents are free to pass fresh order if so advice but after providing opportunity of hearing to the petitioner. Order Date :- 27.1.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad