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2025 DAILYLAW 26125 (ALL)

KM. SHUBHI BAGHEL v. STATE OF U.P. AND ANOTHER

WRIC/6573/2025 · 2025-03-04

Shekhar B Saraf, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31631-DB Court No. - 40 Case :- WRIT - C No. - 6573 of 2025 Petitioner :- Km. Shubhi Baghel Respondent :- State of U.P. and Another 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 Sri Rajesh Kumar Tiwari, learned counsel appearing on behalf of the petitioner and learned Additional Chief Standing Counsel appearing on behalf of State respondents. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made the following prayers:- "1. Issue a writ order or direction in the nature of Certiorari quashing the impugned orders dated 27.11.2024 (Annexure No.1) passed by respondent no.2/District level caste scrutiny Committee Buland Shahar. 2. Issue a writ order or direction in the nature of mandamus Commanding the respondent no.2 to follow the direction and procedure given by Hon'ble Apex Court in case of Kumari Madhuri Patil vs. Additional Commissioner Triable 1994 (6) SCC-241. 3. Issue any other writ order or direction which this Hon'ble Court may deem fit and proper. 4. Award costs in favour of the petitioner." 3. Upon a perusal of the impugned order it appears that the opportunity of hearing was not granted to the petitioner, and accordingly, principles of natural justice have been violated. Though, learned counsel appearing on behalf of the respondents submits that opportunity of hearing was granted to the petitioner, but petitioner did not appear, and therefore, ex parte order was passed. 4. In the ends of justice, we are of the view that the impugned order dated November 27, 2024 is required to be set aside. Accordingly, the impugned order dated November 27, 2024 is quashed and set aside with a direction upon the authority concerned to grant an opportunity of hearing to the petitioner, and thereafter, pass a reasoned order in accordance with law. 5. With the above directions, the writ petition is allowed. Order Date :- 5.3.2025 Dev/- (Vipin Chandra Dixit,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad