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2025 DAILYLAW 192832 (ALL)

M/S JANKI DULARE CONSTRUCTION NADIGAON v. STATE OF U.P. AND 6 OTHERS

WRIC/34928/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34928 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE SATYA VEER SINGH, J. 1. Mr. Nitinjay Pandey, learned advocate appears on behalf of petitioner and submits, impugned is cancellation dated 25th April, 2025 issued by respondent no. 5 (the Executive Officer). The person stood transferred on 28th April, 2025. He issued this back dated cancellation without waiting for inquiry report by the police, sought for by his successor on letter dated 1st May, 2025. He seeks interference on submission that thereby stands demonstrated that the cancellation was issued without notice to his client. Furthermore, allegation that his client had not commenced the work, is false. 2. On earlier occasion State and respondent nos. 5 and 6 (the Nagar Panchayat) were represented. Reproduced below are paragraphs 2 and 3 from order dated 14th October, 2025. "2. Mr. Raj Mohan Upadhyay, learned advocate, Additional Chief Standing Counsel appears on behalf of State. Mr. Vijay Singh Sengar, learned advocate appears on behalf of respondent nos. 5 and 6. He seeks adjournment to obtain instructions. Private respondent no. 7 is the person, who had issued impugned cancellation order. 3. We do not think it necessary direct issuance of notice to private respondent no. 7 at this stage. Registry to make translation of document dated 19th June, 2025 disclosed at page 45 of the writ petition. Mr. Sengar to obtain instruction." Versus Counsel for Petitioner(s) : Nitinjay Pandey, Ramendra Singh Counsel for Respondent(s) : C.S.C., Vijay Singh Sengar M/S Janki Dulare Construction Nadigaon .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) 3. Registry has placed English translation of letter dated 19th June, 2025 written by the Nagar Panchayat to the Commissioner, Jhansi Division. Perused the translation. It is clear therefrom that petitioner had complained about manipulation by respondent no. 7, who was officiating as the Executive Officer and issued impugned cancellation order. The Nagar Panchayat, in said letter dated 19th June, 2025, has clearly stated about the manipulation and cancellation by respondent no. 7. 4. Mr. Raj Mohan Upadhyay, learned advocate, Additional Chief Standing Counsel appears on behalf of State and Mr. Vijay Singh Sengar, learned advocate on behalf of respondent nos. 5 and 6 (the Nagar Panchayat). On query Mr. Sengar submits, the translation of his clients' letter dated 19th June, 2025 has been made correctly. 5. As respondent no. 7 is no longer officiating as Executive Officer of the Nagar Panchayat and on behalf of respondent nos. 5 and 6 there is acknowledgement that said letter dated 19th June, 2025 was issued and correctly translated, we have sufficient reason to set aside and quash impugned cancellation order. Impugned cancellation order is, therefore, set aside and quashed. The State and the Nagar Panchayat are on notice regarding statements made in said letter dated 19th June, 2025 against respondent no. 7. 6. Mr. Pandey seeks order in terms of prayer-B. We observe that setting aside and quashing of impugned cancellation letter restores the work order. Parties are to act in terms thereof. 7. The writ petition is disposed of. October 29, 2025 Shiraz WRIC No. 34928 of 2025 2 (Arindam Sinha,J.) (Satya Veer Singh,J.) Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad