Allowed

Sachin Bansal v. State of U.P. and 4 Others

Allahabad HC24 Nov 2020WRIC/9369/2020

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged an order cancelling their allotment, alleging it was passed without prior notice and violated natural justice. The High Court allowed the petition, quashed the impugned order, and directed the authority to treat a subsequent letter as valid notice, allowing the petitioner to respond.

What did the court decide?

The impugned order dated 26.05.2018/31.05.2018 is quashed. The party is to file a reply to the notice dated 16.12.2019 within two weeks.

Sachin Bansal Vs State of U.P. and 4 Others — Civil Procedure and Limitation | Allahabad HC (2020)

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Court No. - 34 Case :- WRIT - C No. - 9369 of 2020 Petitioner :- Sachin Bansal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sharad Chand Rai,Shri Krishna Mishra Counsel for Respondent :- C.S.C.,Devendra Kumar

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Jayant Banerji,J.

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Heard Sri Sharad Chand Rai learned counsel for the petitioner, Sri Devendra Kumar learned counsel for the respondent No.4, learned Standing Counsel for the State respondents and perused the record.

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By means of the present writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 26th May, 2018/31st May, 2018 and consequential order-cum-notice dated 16th December, 2019 passed by the respondent Nos. 3 & 5; respectively.

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Assailing the order impugned, it is alleged by the learned counsel for the petitioner that prior to passing of the impugned order dated 26th May, 2018/ 31st May, 2018, the respondent No.3, namely, Sub-Divisional Magistrate, Atrauli, District- Aligarh did not issue any notice and, therefore, the order cancelling the allotment has been passed in a gross violation of principles of natural justice. It has been submitted that consequential order came to be passed by the Executive Officer of Nagar Palika Parishad, Atrauli, Aligarh on 16th December, 2019 and it is from that order the petitioner has come to know that there was already an order for cancellation.

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From the perusal of the order impugned dated 26th May, 2018/ 31st May, 2018 it clearly transpires that no notice prior to passing order of cancellation, was issued to the petitioner.

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It is settled legal position that if an order results in adverse civil consequences then minimum requirement of compliance of principles of natural justice has to be met and in case if an opportunity is not provided then it is an arbitrary exercise of power and, thus, in violation of audi alteram partem.

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Under the circumstances, the order dated 26th May, 2018/ 31st May, 2018 is clearly unsustainable in law and deserves to be quashed.

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The writ petition succeeds and is, accordingly, allowed . The order dated 26th May, 2018/ 31st May, 2018 is hereby quashed.

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The communication letter dated 16th December, 2019 should be taken as a notice prior to any coercive measures against the petitioner as was contemplated under the order dated 26th May, 2018/ 31st May, 2018 and, therefore, we direct the petitioner to give his reply within a period of two weeks from today to the notice dated 16th December, 2019 and in the event any such reply is submitted, an appropriate order shall be passed by the respondent authority strictly in accordance with law.

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Order Date :- 24.11.2020 Brijesh

Sachin Bansal v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Sachin Bansal v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

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