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2025 DAILYLAW 189531 (ALL)

ANSHUL JAISWAL AND ANOTHER v. STATE OF U.P AND ANOTHER

WTAX/4927/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT TAX No. - 4927 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard Sri Chote Lal Pandey, learned Senior Counsel assisted by Sri Vinod Kumar, learned counsel for the petitioners, Sri Abhinava Krishna Srivastava, learned counsel for Nagar Nigam and learned Standing Counsel for the State. 2. In short, it has been urged that the notice dated 22.02.2025 was first served on the petitioner on 18.06.2025. In that no date for hearing was fixed. 3. Before the petitioner could respond to the notice and adduce any evidence, the order has been passed on 19.06.2025 i.e. the very next date by the very same authority. 4. Thus, infringement of essential principles of natural justice has been alleged. The procedural mistake is apparent on the face of record. 5. Learned counsel for the Nagar Nigam is not in a position to dispute the correctness of the facts as noted above. 6. In view of the above, no useful purpose would be served in keeping the present petition pending or calling counter affidavit at this stage. Without making any observation as to the merits of the case, the writ petition is disposed of with the following directions :- (i) The order dated 19.06.2025 is set aside. (ii) The respondent no. 2 shall serve a fresh show cause notice on the Versus Counsel for Petitioner(s) : Ananya Pandey, Ashish Kumar Dubey, Durlabh Kumar Pandey, Vinod Kumar Counsel for Respondent(s) : Abhinava Krishna Srivastava, C.S.C., Manoj Kumar Singh Anshul Jaiswal And Another .....Petitioner(s) State Of U.P And Another .....Respondent(s) petitioner on or before 31st October, 2025 together with all adverse materials/reports relied against them. (iii) The petitioner shall respond to the same, on affidavit by 14th November, 2025. (iv) On such compliance being shown, the respondent no. 2 shall grant opportunity of personal hearing on 21st November, 2025. Thereafter, the respondent no. 2 may pass a fresh reasoned and speaking order strictly in accordance with law within a further period of two weeks. (v) All recoveries being pressed against the petitioner shall abide in terms of the order to be passed by respondent no. 2. October 15, 2025 Pratima WTAX No. 4927 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad