The Court dismissed a writ petition challenging a show cause notice under the Right of Persons with Disabilities Act. It held that jurisdiction was not challenged and directed the petitioner to raise defenses before the authority.
Petitioner relegated to raise defenses before the Authority concerned.
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Court No. - 9
Case :- WRIT - C No. - 1119 of 2021
Petitioner :- District And Sessions Judge Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ashish Mishra Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
This petition under Article 226 of the Constitution of India at the instance of District and Sessions Judge, Gautam Budh Nagar is directed against a show cause notice dated 7.10.2020 issued by the State Commissioner for Persons With Disabilities in purported exercise of powers under Section 80(g) read with Section 45 of the Right of Persons with Disabilities Act, 2016.
As the learned counsel for the petitioner is unable to establish that the show cause notice is without jurisdiction, we are not inclined to entertain this petition under Article 226 of the Constitution. Instead, the petitioner is relegated to raise all grounds in defence before the Authority concerned who has issued the show cause notice. In case such a defence is raised, it is expected of the Authority that it shall dwell upon the same objectively and pass a speaking order expeditiously.
The petition stands disposed of in the above terms.
Order Date :- 27.1.2021 sfa/
(Jayant Banerji, J) (Sanjay Yadav, J)
2 issues framed by the court
Whether a writ petition challenging a show cause notice is maintainable without challenging jurisdiction.
Whether the High Court should intervene or relegate petitioner to defend before the authority.
2 provisions across 2 enactments
District And Sessions Judge
State Of U P
Sanjay Yadav
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
