Neutral Citation No. - 2025:AHC:6515-DB Court No. - 40 Case :- WRIT - C No. - 26822 of 2024 Petitioner :- Sita Ram Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Brajesh Shukla Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State and learned counsel appearing on behalf of the respondent No.6. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the order dated July 18, 2024 passed by the respondent No.2/Sub Divisional Magistrate, Tehsil Sikarpur, District Bulandshahar, whereby the Sub Divisional Magistrate has granted relief of sought. 3. Upon considering the matter, we are of the view that the order impugned has been passed in an ex parte manner, without granting an opportunity of hearing to the petitioner. 4. Accordingly, the order dated July 18, 2024 is quashed and set aside with a direction upon Sub Divisional Magistrate, Tehsil Sikarpur, District Bulandshahar to once again grant an opportunity of hearing to the petitioner and the respondent No.6 herein, and thereafter, upon perusal of the documents placed by both the parties, decide the issue. 5. We make it clear that the point of maintainability of the application made by the respondent No.6 before the concerned Sub Divisional Magistrate shall be left open. 6. With the above direction, the writ petition is disposed of. Order Date :- 15.1.2025 Kuldeep (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad