M/S ASTRA SASTRA UDYOG, KOTHI SRI RAJA RAM JI BANDOOKWALA, AYODHYA THRU. PROPRIETOR SMT. RITA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME U.P. LKO. AND OTHERS
/901/2023 · 2025-11-28
Manjive Shukla, Shekhar B Saraf
body2025
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[ 2025 DAILYLAW 175586 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175586 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 901 of 2023 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsel appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioner has made the following main prayers:-
"a. Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 05.01.2023 passed by O.P. No. 1 through which the grievance of the petitioner was rejected to grant NOC for the purpose of possession and sale of fore works as contained in Annexure No. 1 to this writ petition by this Hon'ble Court in the interest of justice. b. Issue a writ, order or direction in the nature of Mandamus commanding the opp. party no. 2 to decide the application of the petitioner accordance with law as contained in Annexure No.9 to this writ petition by this Hon'ble Court in the interest of justice."
3. Learned counsel appearing on behalf of the petitioner submits that the impugned order does not comply with the order of the appellate authority and does not take into consideration the observations made by the appellate authority.
4. In light of the same, we are of the view that the authority concerned, who has passed the impugned order, has failed to apply his mind and passed an unreasoned order without taking into Versus Counsel for Petitioner(s) : Vipin Kumar Mishra Counsel for Respondent(s) : C.S.C. M/S Astra Sastra Udyog, Kothi Sri Raja Ram Ji Bandookwala, Ayodhya Thru. Proprietor Smt. Rita .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And Others .....Respondent(s)
consideration the observations of the appellate authority.
5. Accordingly, the impugned order is quashed and set aside with a direction upon the authorities concerned to grant an opportunity of hearing to the petitioner, and thereafter, pass a reasoned order in accordance with law within a period of eight weeks from date.
6. With the above direction, the writ petition is disposed of. November 28, 2025 cks/- WRIC No. 901 of 2023 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench