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2025 DAILYLAW 19891 (ALL)

RAM MAHESH v. STATE OF U.P. AND 2 OTHERS

WRIC/4920/2025 · 2025-02-18

Shekhar B Saraf, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23818-DB Court No. - 40 Case :- WRIT - C No. - 4920 of 2025 Petitioner :- Ram Mahesh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel appearing on behalf of the petitioner and the learned Standing Counsel appearing on behalf of the State respondents. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the order dated January 15, 2025 passed by the District Level Caste Scrutiny Committee, Firozabad. 3. Upon perusal of the said order, it is clear that a complaint was filed against the petitioner and upon receipt of such complaint, an inquiry was conducted by the Tehsildar, who gave a report on December 8, 2023. 4. It is undisputed that the said report of the Tehsildar was never provided to the petitioner and without providing the same, hearing was conducted and the impugned order was passed against the petitioner. 5. Keeping in mind the principles of natural justice, we are of view the that the report of the Tehsildar should have been provided to the petitioner, and only thereafter, opportunity of personal hearing was granted to the petitioner. 6. In light of the same, the order dated January 15, 2025 is quashed and set aside with the directions upon the authority concerned to provide a copy of the report of the Tehsildar to the petitioner, grant an opportunity of hearing to him, and thereafter, pass a reasoned order in accordance with law. The entire exercise should be completed within a period of sixteen weeks from date. 7. With the aforesaid directions, the writ petiton is disposed of. Order Date :- 19.2.2025 Kuldeep (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad