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2025 DAILYLAW 81381 (ALL)

MOHAMMAD ARSHAD v. STATE OF U.P. AND 2 OTHERS

WRIC/25461/2025 · 2025-08-05

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133000 Court No. - 33 Case :- WRIT - C No. - 25461 of 2025 Petitioner :- Mohammad Arshad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Srivastava Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard Sri Arvind Srivastava, learned counsel for the petitioner, Sri Kartikeya Saran, learned Additional Advocate General along with Dharmendra Pradhan, learned Standing Counsel for the State- respondents and Sri Rakesh Bahadur, learned counsel along with Sri Muqeem Ahmad, learned counsel for the respondent/complainant. 2. The petitioner has preferred the present petition inter-alia with the prayer to quash the order dated 22.07.2025 passed by the respondent No.2/District Magistrate, Jaunpur by which financial and administrative power of the petitioner has been ceased. 3. Apart from various other arguments, one of the argument has also been made by Sri Arvind Srivastava, learned counsel for the petitioner that the order impugned has been passed without providing any notice or opportunity of hearing, hence the same has been passed in complete violation of principles of natural justice. 4. On the other hand, it is argued Sri Kartikeya Saran, learned Additional Advocate General that in view of the serious charges levelled against the petitioner, his financial and administrative power has been ceased by the respondent No.2/District Magistrate, Jaunpur by the order impugned. Insofar as the arguments made by Sri Arvind Srivastava, learned counsel for the petitioner that the order impugned has been passed without providing any opportunity of hearing to the petitioner is concerned, this fact has been admitted by him. 5. Heard learned counsel for the parties and perused the record. 6. From perusal of the record, it is clear that the order impugned has been passed by the respondent No.2/District Magistrate, Jaunpur without providing any opportunity of hearing to the petitioner and the same has been passed in complete violation of principles of natural justice. 7. In the facts and circumstances of the case and without interfering with the order dated 22.07.2025 passed by the respondent No.2, the present petition is disposed of directing the respondent No.2/District Magistrate, Jaunpur to pass fresh order in the matter strictly in accordance with law within a period of ten days from today but after providing opportunity of hearing to all the parties concerned. 8. It is made clear that the order dated 22.07.2025 passed by the respondent No.2/District Magistrate, Jaunpur will be subject matter to final outcome of the fresh order. 9. Registrar (Compliance) is directed to communicate a copy of this order to the District Magistrate, Jaunpur today itself. Order Date :- 6.8.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad