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2025 DAILYLAW 53713 (ALL)

SMT URMILA DEVI AND 2 OTHERS v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIC/14151/2025 · 2025-05-06

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74089 Court No. - 33 Case :- WRIT - C No. - 14151 of 2025 Petitioner :- Smt Urmila Devi And 2 Others Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Virendra Kumar Gupta Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioners have preferred the present petition inter alia with the prayer to quash the impugned order dated 17.03.2025 passed by Block Development Officer, Kabrai, District Mahoba/Respondent no. 4 by which the recovery has been sought against the petitioners, is under challenge. 2. It is argued that the aforesaid order was passed without assigning any reasons. Apart from various other argument one of the argument has been raised by learned counsel for the petitioners that though a detailed reply has been submitted by the petitioners in response to the show cause notice but the same has not at all taken into consideration 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 17.03.2025 passed by Block Development Officer, Kabrai, District Mahoba/Respondent no. 4 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 :- 7.5.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad