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2025 DAILYLAW 7130 (ALL)

SRI NATH SHUKLA AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIA/542/2025 · 2025-02-05

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:16541 Court No. - 5 Case :- WRIT - A No. - 542 of 2025 Petitioner :- Sri Nath Shukla And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Archana Mishra,Hari Shankar Tripathi Counsel for Respondent :- C.S.C.,Sunil Kumar Misra Hon'ble Ajay Bhanot,J. Heard Shri Hari Shankar Tripathi, learned counsel for the petitioner and Shri Ayush Mishra, learned counsel holding brief of Shri Sunil Kumar Misra, learned counsel for the respondents. By the impugned order, the petitioner has been found guilty of loss of Rs. 1,23,537/- to the Corporation and recovery of the said amount is sought to be made from him. The sole contention of Shri Hari Shankar Tripathi, learned counsel for the petitioner is that various grounds taken in the memo of appeal as well as the issue of vaporization and tilting which drew the attention of this Court in Writ A No. 1114 of 2024 (Sri Nath Shukla and others Vs. State of U.P. and others) have not been considered. This fact could not be refuted by Shri Ayush Mishra, learned counsel holding brief of Shri Sunil Kumar Misra, learned counsel for the respondents from the records. A perusal of the impugned order also reflects non application of mind to the grounds in the memo of appeal and the issues relating to vaporization and tilting. In this wake the impugned order dated 12.12.2024 and 01.07.2024 are liable to be set aside and are set aside. In wake of the preceding discussion, the matter is remitted to the respondent no.2 Regional Manager, UPSRTC Prayagraj Depot, Prayagraj for taking fresh decision after considering various issues raised in the memo of appeal as well as the matter of tilting and vaporization in accordance with law within a period of three months from the date of receipt of a certified copy of this order. The writ petition is allowed to the extent indicated above. Order Date :- 5.2.2025 Dhananjai Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad