Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 203733 (ALL)

SANTOSH KUMAR DWIVEDI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE AND 3 OTHERS

WRIA/12599/2025 · 2025-10-28

Manish Mathur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12599 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 17.03.2025 whereby salary for 17.03.2025 has been withheld. 3. It has been submitted that from a bare perusal of the impugned order it would be evident that the same has been passed on an ex parte basis without affording any opportunity of hearing or even issuing any show cause notice. The order has been passed only on the basis of a report submitted by Tehsildar concerned on 17.03.2025. 4. Learned State Counsel has been provided written instructions dated 16.10.2025, a copy of which is taken on record and as per which, petitioner is said to have submitted a representation/ appeal dated 18.08.2025 before the District Magistrate concerned which is still pending consideration. 5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, particularly the impugned order dated 17.03.2025, it is evident that the same has been passed on an ex parte basis since it does not disclose issuance of any show cause notice to petitioner or providing any opportunity of Versus Counsel for Petitioner(s) : Sajjad Husain, Kulsoom Firoz, Sanjay Shukla Counsel for Respondent(s) : C.S.C. Santosh Kumar Dwivedi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue And 3 Others .....Respondent(s) hearing to him. The order impugned has been passed evidently only on the basis of report dated 17.03.2025 by the Tehsildar concerned. 6. Although, it has been stated that a representation dated 18.08.2025 has been preferred by petitioner against the impugned order, it is relevant that despite passing of almost two months, no final orders have been passed their against. 7. In view of discussion made herein above, it being evident that impugned order has visited petitioner with civil consequences without affording opportunity of hearing to him, the impugned order dated 17.03.2025 being vitiated is hereby quashed by issuance of a writ in the nature of certiorari granting liberty to opposite parties to pass orders afresh but only after affording opportunity of hearing to petitioner and dealing with his response. 8. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. October 28, 2025 Subodh/- WRIA No. 12599 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench