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Neutral Citation No. - 2025:AHC:135573 Court No. - 33 Case :- WRIT - C No. - 22706 of 2025 Petitioner :- Smt. Vimlesh Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Abhishek Srivastava,Amit Kumar Srivastava Counsel for Respondent :- C.S.C.,Praveen Kumar Hon'ble Prakash Padia,J.
1. Heard Sri Dheerendra Kumar Srivastava, Advocate, holding brief of Sri Amit Kumar Srivastava, learned counsel for the petitioner and Sri Kartikey Saran, learned Additional Advocate General assisted by Sri Shyam Singh, learned Standing Counsel for the respondent-State and perused the records. 2. The order dated 18.06.2025 passed by the respondent no.2 District Magistrate, Amroha by which the financial and administrative powers of the petitioner has been ceased is under challenge in the present writ petition. 3. Apart from various other arguments one of the arguments has been raised by the counsel for the petitioner that the order impugned has been passed without considering the reply submitted by the petitioner hence the same has been passed in complete violation of principles of natural justice. 4. On the other hand it is argued by Sri Kartikey Saran, learned Additional Advocate General that charges levelled against the petitioner are serious enough and looking into the same decision has been taken by the respondent no.2, which does not call for any interference by this Court. 5. The personal affidavit filed by the respondent no.2 today in the Court is taken on record. 6. In so far as arguments raised by the learned counsel for the petitioner that the reply submitted by the petitioner was not taken into consideration by the respondent no.2 has not been denied. 7. Heard learned counsel for the parties and perused the records. 8. From perusal of the record it is clear that in response to the show cause notice though a detailed reply has been submitted by the petitioner but the same was not taken into consideration by the respondent no.2 while passing the aforesaid order. 9. In this view of the matter, it would be appropriate to set aside the order of the District Magistrate, Amroha dated 18.06.2025 and remit the matter to the District Magistrate to objectively consider the reply of the petitioner and to pass a fresh order, depicting application of mind to the materials collected in the preliminary enquiry as also the defence of petitioner in that regard. 10. Accordingly, the writ petition is allowed.
Order Date :- 11.8.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad