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2025 DAILYLAW 61638 (ALL)

VIJENDRA KUMAR v. STATE OF UP AND 2 OTHERS

WRIA/7837/2025 · 2025-07-02

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103865 Court No. - 5 Case :- WRIT - A No. - 7837 of 2025 Petitioner :- Vijendra Kumar Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Santosh Kumar Upadhyay,Vinod Kumar Upadhyay Counsel for Respondent :- C.S.C.,Kartikeya Saran Hon'ble Saurabh Shyam Shamshery,J. Heard Sri Santosh Kumar Upadhyay, learned counsel for petitioner and Sri Vinayak Ranjan, Advocate holding brief of Sri Kartikeya Saran, learned counsel for respondent. The petitioner has suffered with a recovery proceeding. Learned counsel for petitioner submits that impugned proceedings and order were ex-parte as no notice was issued. The aforesaid submission is denied by learned counsel for respondent. I have considered the above submission and taking note that it is a case of recovery, therefore, impugned order is passed since petitioner has not submitted any reply, therefore, an opportunity is granted to the petitioner to submit a reply and on basis of it, concerned respondent may pass a fresh order within short period. The petitioner shall submit reply within seven days. In case of default, impugned order will survive. Accordingly, writ petition is disposed of with aforesaid observation and direction. Order Date :- 3.7.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad