The High Court held the impugned notice was merely a show cause notice and gave the petitioner an opportunity to recall/objection before the District Magistrate within four weeks, pending which no coercive action would be taken.
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Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 8295 of 2019
Petitioner :- Ravindra Pandey Respondent :- State Of U.P. And Another Counsel for Petitioner :- Nanhe Lal Tripathi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned order/notice dated 1.3.2019 issued by District Magistrate, Sant Kabir Nagar (Annexure-1 to this writ petition).
Keeping in view the nature of the impugned order and the contention as has been raised by learned counsel for the petitioner, the Court finds that the impugned order is in the nature of only show cause notice.
However, looking to the nature of impugned order, an opportunity is given to the petitioner to file recall/objection to the said notice before the District Magistrate concerned within a period of four weeks from today annexing therewith copy of the writ petition and copy of this order, which shall be heard and decided by means of a reasoned and speaking order within a period of two weeks thereafter. Till the disposal of the said objection, no coercive action shall be taken against the petitioner.
With the aforesaid observation, the writ petition is finally disposed of.
Order Date :- 4.4.2019 SP
Ravindra Pandey
State Of U.P.
Vipin Sinha
Ajit Singh
As recorded by the court registry
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