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Neutral Citation No. - 2025:AHC:72543 Court No. - 33 Case :- WRIT - C No. - 13917 of 2025 Petitioner :- Ankit Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gunjan Sharma,Namit Kumar Sharma Counsel for Respondent :- C.S.C.,Krishna Shankar Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present petition inter alia with the prayer to quash the impugned order dated 17.04.2025 passed by respondent no. 2/District Magistrate, Kanpur Dehat.
2. Facts in brief as contained in the writ petition are that the petitioner is an elected Pradhan of Gram Panchayat Kariyajhala, Kariyajhala, Block Jhinjhak, District Kanpur Dehat. A complaint was made against the petitioner by certain persons alongwith affidavit on 15th July, 2024. Pursuant to the aforesaid a show cause notice dated 11.11.2024 was issued by the District Magistrate, Kanpur Dehat/respondent no. 2. In reply to the aforesaid notice, a reply was submitted by the petitioner on
25.11.2024. Subsequent to the same order dated 17.04.2025 was passed by respondent no. 2 by which the financial and administrative powers of the petitioner has been seized, hence the present petition.
3. Apart from various other argument one of the argument has been raised by learned counsel for the petitioner that though a detailed reply has been submitted by the petitioner in response to the show cause notice but the same has not at all taken into consideration by the respondent no. 2/District Magistrate, Kanpur Nagar while passing the order impugned.
4. This fact is also clear from the perusal of the order itself and also admitted by the learned Standing Counsel appearing on behalf of State-respondents.
5. In this view of the matter, the Court is of the opinion that the
order impugned dated 17.04.2025 has been passed without considering the reply, and as such the order as being in violation of principle of natural justice is liable to be set aside and hereby set aside.
6. It is made clear that this order will not restrain to the respondent-authorities to pass a fresh order but order should be passed strictly in accordance with law.
7. In view of above, the writ petition is allowed.
Order Date :- 6.5.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad