AISH MUHAMMMAD AND 2 OTHERS v. State of U.P. AND 2 OTHERS
WRIC/40572/2024 · 2025-01-16
Shekhar B Saraf, Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 109820 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109820 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:7146-DB Court No. - 40 Case :- WRIT - C No. - 40572 of 2024 Petitioner :- Aish Muhammmad And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard learned counsel appearing on behalf of the petitioners and the learned Standing Counsel appearing on behalf of the State respondents.
2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioners are aggrieved by the order dated August June 25, 2024 which was passed ex-parte without granting opportunity of hearing to the petitioners.
3. Learned counsel appearing on behalf of the petitioners submits that no notice was provided to the petitioners and impugned order has been passed.
4. This particular fact has not been opposed by the learned Standing Counsel appearing on behalf of State respondents.
5. Upon due consideration, we are of the view that the principles of natural justice have been violated and impugned order is vitiated.
6. In light of the same, the impugned order dated June 25, 2024 is quashed and set-aside with a direction upon the authority concerned to issue a notice to the petitioners and grant an opportunity of hearing, and thereafter, pass a reasoned order in accordance with law.
7. Accordingly, the writ petition is disposed of. Order Date :- 16.1.2025 Dev/- (Vipin Chandra Dixit,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad