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2025 DAILYLAW 135045 (ALL)

RAVI KUMAR NAGAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. TAX AND REGISTRATION LKO. AND 6 OTHERS

WRIA/4231/2025 · 2025-04-21

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22219 Court No. - 18 Case :- WRIT - A No. - 4231 of 2025 Petitioner :- Ravi Kumar Nagar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Tax And Registration Lko. And 6 Others Counsel for Petitioner :- Arun Kumar Shukla,Awantika Sharma Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing counsel for the respondents. The petition has been filed with the following prayer:- (i). Issue a writ order or direction in the nature of certiorari there by quashing of the Impugned order Dated 27-03-2025 passed by the Opposite Party No.3 contained as a Annexure No. 1 along this petition. (ii). Issue a writ order or direction in the nature of mandamus there by commanding to the opposite parties to consider the petitioner case and maintain the earlier order dated 27-08-2021 passed by the Opposite Party No.3 with all consequential services benefit contained as a Annexure No.5 & 6 along with this petition in the interest of Justice. Learned counsel for the petitioner submits that the impugned order dated 27.03.2025, contained in Annexure No. 1, entails civil consequences by which the earlier ACP granted to him after competition of 10 years and 16 years satisfactorily service has been refused. It is further submitted that the petitioner was not given an opportunity of hearing prior to the passing of the impugned order. Learned Standing Counsel has opposed the petition, however, could not dispute these facts on the basis of the instructions. Accordingly, the impugned order being in violation of the principles of natural justice and apparently entails civil consequences is set aside. The matter is remanded back to the competent authority that is opposite party no. 2 to pass a fresh order after affording opportunity of personal hearing to the petitioner. In view of the above, the impugned order, being violative of the principles of natural justice and having civil consequences, is hereby set aside. The matter is remanded to the competent authority—opposite party no. 2—with a direction to pass a fresh order after affording the petitioner an opportunity of personal hearing. The petition stands allowed. Order Date :- 21.4.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench