SHIVNATH YADAV (EX-PRADHAN) v. STATE OF U.P. AND 2 OTHERS
WRIC/12675/2025 · 2025-05-13
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49257 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49257 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:80519 Court No. - 33 Case :- WRIT - C No. - 12675 of 2025 Petitioner :- Shivnath Yadav (Ex-Pradhan) Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Praveen Kumar Singh,Rahul Kumar Tyagi Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. The order dated 02.04.2025 passed by the District Magistrate, Jaunpur/respondent no. 2, is under challenge in the present petition. By the aforesaid order the petitioner was directed to deposit a sum of Rs. 88,739/-.
2. Pursuant to order passed by this Court, instructions dated 12/13 May, 2025 under the signatures of District Magistrate, Jaunpur placed before this Court, the same is taken on record.
3. Towards the bottom of the aforesaid instructions it is stated that pursuant to order impugned dated 02.04.2025, the investigation is still going on and the final decision will be taken in the matter within a week after obtaining the enquiry report.
4. After going through the same, the Court is of the prima facie opinion that on the one hand the respondent no. 2 has stated in the aforesaid instructions that the final decision will be taken in the matter after obtaining the enquiry report and on the other hand a direction was given to the petitioner to deposit a sum of Rs. 88,739/-.
5. From the perusal of the aforesaid it is clear that the direction given by the petitioner to deposit the aforesaid amount is in
violation of the principle of natural justice.
6. In this view of the matter, the Court is of the opinion that the
order impugned is liable to be set aside and hereby set aside.
7. Respondent No.2/District Magistrate, Jaunpur is directed to pass a fresh order as per the instructions dated 12/13 May, 2025 expeditiously strictly in accordance with law and after providing an opportunity of hearing to all the parties concerned, unless there is no legal impediment.
8. In view of above, the writ petition is allowed.
Order Date :- 14.5.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad