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2026 DAILYLAW 1937 (ALL)

M/S JAIN HEART CARE HOSPITALS PRIVATE LIMITED v. THE STATE OF UP AND 5 OTHERS

WRIC/18622/2026 · 2026-05-11

Garima Prashad, Saral Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 18622 of 2026 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE GARIMA PRASHAD, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The petitioner by means of the present writ petition has assailed the order dated 23.07.2025 passed by the respondent no.2 whereby he has rejected the claim of the petitioner. 3. Challenging the aforesaid order, learned counsel for the petitioner has contended that impugned order has been passed without giving any notice and opportunity of hearing to the petitioner, which is in violation of principles of natural justice. It is submitted that the impugned order is non- speaking. 4. Per contra, learned Standing Counsel submits that elaborate reasons have been given by the respondent no.2 while passing the impugned order. Accordingly, he submits that no interference is required with the impugned order. 5. Be that as it may, from the perusal of impugned order, it is evident that no notice or opportunity of hearing was afforded to the petitioner by the respondent no.2 before passing the impugned order. Further, learned counsel for the respondents also could not demonstrate from the impugned order that any opportunity of hearing was afforded to the petitioner before passing the impugned order. It further emanates from the impugned order that the impugned order is non-speaking. Versus Counsel for Petitioner(s) : Kashif Zaidi Counsel for Respondent(s) : C.S.C. M/S Jain Heart Care Hospitals Private Limited .....Petitioner(s) The State Of Up And 5 Others .....Respondent(s) 6. Since, the impugned order has been passed without giving any notice and opportunity of hearing to the petitioner, therefore, impugned order being in violation of principles of natural justice cannot be sustained in law and is, accordingly, set aside. 7. The matter is remitted to the respondent no.2 to decide the claim of the petitioner afresh after giving due notice and opportunity of hearing to him within a period of two months from the date he receives the certified copy of this order. 8. Accordingly, the writ petition is allowed subject to the observations made above. May 12, 2026 SS WRIC No. 18622 of 2026 2 (Garima Prashad,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad