M/S SEIKOM INFRACOM PVT. LTD. THRU. ITS AUTHORIZED SIGNATORY SRI MOHIT SINGH RAGHAV v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF INFRASTRUCTURE AND INDUSTRIAL DEVELOPMENT AND ANOTHER
WRIC/521/2025 · 2025-01-23
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118370 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118370 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4395 Court No. - 7 Case :- WRIT - C No. - 521 of 2025 Petitioner :- M/S Seikom Infracom Pvt. Ltd. Thru. Its Authorized Signatory Sri Mohit Singh Raghav Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Infrastructure And Industrial Development And Another Counsel for Petitioner :- Abhishek Khare,Saumya Counsel for Respondent :- C.S.C.,Sachin Upadhyay Hon'ble Pankaj Bhatia,J.
1. Heard Sri Jaideep Narayan Mathur, learned Senior Advocate assisted by Sri Abhishek Khare, learned Counsel for the petitioner as well as learned Standing Counsel and learned Counsel appearing on behalf of the respondent no.2.
2. The present petition has been filed challenging the order dated 17.09.2023, whereby, the earlier order dated 07.08.2023 was recalled and a fresh order was passed.
3. The neat contention of the Counsel for the petitioner is that after contest an order dated 07.08.2023 came to be passed by the revisional authority. The respondent instead of complying with the said order proceeded to pass a fresh order dated 17.09.2023, which is nothing but a review of the order dated
07.08.2023. He further argues that prior to passing of the order dated 17.09.2023, no opportunity was accorded to the petitioner, thus, on both counts there being lack of inherent jurisdiction of review vested in the revisional authority and the
order being in violation of principle of natural justice is liable to be set aside.
4. The respondent's Counsel on instructions could not say as to under what circumstances the order dated 17.09.2023 was passed, that too without giving any opportunity of hearing.
5. In the light of the aforesaid, the order dated 17.09.2023 is quashed. The writ petition is allowed partly.
6. The respondents, however, would be at liberty to take steps, in accordance with law, for challenging of the order dated 07.08.2023 as may be advised under law including the remedy of approaching this Court by filing writ petition.
Order Date :- 23.1.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench