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2025 DAILYLAW 92461 (ALL)

SATENDRA SINGH v. STATE OF U.P. AND 4 OTHERS

WRIC/30990/2025 · 2025-09-21

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30990 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRAVEEN KUMAR GIRI, J. 1. Heard learned counsel for the parties. 2. By means of the present petition, the petitioner seeks the following reliefs:- "i) Issue a writ, order or direction in the nature of certiorari quashing the impugned recovery citation dated 18.08.2025 issued by Tehsildar, Tehsil Dadri, District Gautam Budh Nagar. (Annexure No. 3 to this writ petition). ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned show cause notice dated 22.05.2025 issued by Greater Noida Authority. (Annexure No. 4 to this writ petition) iii) Issue a writ, order or direction in the nature of mandamus directing the respondent authority not to take any coercive action in pursuance of the impugned show cause notice dated 22.05.2025 issued by Greater Noida Authority." 3. Subsequent to the show cause notice dated 22.05.2025, a reply was filed by the petitioner. However, without passing a reasoned order in the said reply, a recovery citation has been issued on 18.08.2025. Versus Counsel for Petitioner(s) : Sanjay Kumar Mishra Counsel for Respondent(s) : Anjali Upadhya, C.S.C. Satendra Singh .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 4. In our view, there has been a breach of principles of natural justice. The authority is directed to grant an opportunity of hearing to the petitioner and, thereafter, pass a reasoned order. Only subsequent to passing such a reasoned order should a recovery citation be issued, if allowed in law. The recovery citation dated 18.08.2025 is quashed and set aside. 5. Accordingly, the writ petition is allowed. September 22, 2025 K.K. Maurya WRIC No. 30990 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad