Neutral Citation No. - 2025:AHC:50808-DB Court No. - 3 Case :- WRIT - C No. - 7464 of 2025 Petitioner :- Zahid Hussain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Danish,Nipun Singh,Sumit Suri Counsel for Respondent :- C.S.C.,Dharm Vir Jaiswal Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. In this petition, notices had been issued to the 4th respondent fixing 02.04.2025 for appearance. Office report dated 04.04.2025, which is based on a tracking report reveals that the notice was delivered to the addressee on 28.03.2025. Despite notice, no appearance has been put in on behalf of the 4th respondent. Heard learned counsel for the petitioner and counsel appearing for the caveator, who is not a party to the writ petition. As already noticed herein above, the main contesting respondent, the respondent no.4 namely the Executive Officer, Nagar Panchayat Pakbara, District Moradabad has not put in appearance despite notice. Challenge in the writ petition is to the order dated 01.03.2025 passed by the 4th respondent, whereby the permission granted to the petitioner for holding a weekly market on Tuesdays and Fridays, over plot no.1246, Pakbara, District Moradabad has been cancelled on the ground that conditions 1, 2, 5 and 9 of the permission itself had been violated by the petitioner. The submission of learned counsel for the petitioner is that the order is ex-parte as no notice or information or opportunity of hearing was granted to the petitioner prior to the passing of the impugned order dated 01.03.2025. The communication dated 01.03.2025 carries the heading of a notice, however, we find that it is in fact in order. Relevant assertions in the writ petition are to be found in paragraphs 8 and 11 of the writ petition, which are reads as follows: "8. That the impugned order dated 01.03.2025 is in violation of principles of natural justice as no opportunity was ever provided to the petitioner before passing such order. 11. That the impugned order dated 01.03.2025 is absolutely bogus and vague since no details of any complaint was ever provided as mentioned in the impugned order. The alleged spot inspection dated 28.02.2025 was never conducted by the respondents even no notice was ever given to the petitioner to conduct spot inspection." These averments in the absence of any counter affidavit are necessarily to be accepted as they have been remained uncontroverted and this Court has no option but to hold that the order dated 01.03.2025 has been passed in violation of the Principle of Natural Justice. Accordingly and for the reasons given herein above, the order dated 01.03.2025 is liable to be and is hereby quashed. The writ petition is accordingly allowed. It is however provided that despite this order, it shall be open for the respondent to proceed afresh against the petitioner after providing him adequate opportunity of hearing, in case, circumstances so justify. Order Date :- 8.4.2025 Mayank Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad