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2025 DAILYLAW 193848 (ALL)

VIKASH SHUKLA v. STATE OF UTTAR PRADESH AND 2 OTHERS

WRIC/35201/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35201 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard Sri Devbrat Mukherjee, learned counsel for the petitioner and Sri Sandeep Kumar Singh, learned Additional Chief Standing Counsel for the State-respondents. 2. The petitioner by means of the present writ petition has prayed for the following reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 04.09.2025 passed by the District Magistrate/Collector, Mirzapur (Respondent No.2). (ii) Issue a writ, order or direction in the nature of mandamus directing and commanding to respondent no.2 not to realize any amount in pursuance of order dated 04.09.2025 from the petitioner and further no coercive action may be taken against the petitioner in pursuance of the order dated 04.09.2025." 3. It is contended by learned counsel for the petitioner that the impugned order has been passed in violation of the principles of natural justice inasmuch as the inspection was conducted ex-parte and the inspection report was not supplied to the petitioner. Accordingly, it is submitted that the impugned order, having been passed in breach of natural justice, cannot be sustained in law. 4. Per contra, learned Additional Chief Standing Counsel submits that the reply submitted by the petitioner appearing at page 59 of the writ petition reveals that the petitioner never demanded a copy of the inquiry report, and Versus Counsel for Petitioner(s) : Devbrat Mukherjee Counsel for Respondent(s) : C.S.C. Vikash Shukla .....Petitioner(s) State Of Uttar Pradesh And 2 Others .....Respondent(s) under the applicable Rules, it is not mandatory for the authority to issue prior notice before conducting an inspection. 5. Be that as it may, from a perusal of the impugned order, it appears that due consideration has not been given to the reply submitted by the petitioner. In the reply, the petitioner has specifically stated that the inspection was conducted ex-parte, and under the relevant Rules, it is mandatory to issue notice prior to any such inspection. 6. We find from the impugned order that the reply submitted by the petitioner has not been considered by the competent authority. The impugned order is devoid of reasons and suffers from non-consideration of the petitioner's reply. 7. In such view of the fact, the writ petition is allowed. The impugned order dated 04.09.2025 is hereby set aside with liberty to respondent no.2- District Magistrate/Collector, Mirzapur to pass a fresh order after giving due notice and opportunity of hearing to the petitioner and after supplying all the materials which the respondent no.2 wants to rely upon against the petitioner within a period of two months from today. October 14, 2025 Sattyarth WRIC No. 35201 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad