Allowed

M/S Surya Pharma a Proprietorship v. State of U.P. and 2 Others

Allahabad HC26 May 2023WRIC/14208/2023

Case brief

AI extract

What is this about?

Petition prayed to quash an ex parte order dated 16.02.2023 passed without hearing. Respondents conceded no opportunity was afforded. Quest ordered order quashed and remitted to Licensing Authority to issue notices and pass reasoned order with hearing.

What did the court decide?

Impugned ex parte order dated 16.02.2023 quashed; matter remitted to respondent no. 2 to issue notices, allow objections, and pass speaking order after hearing.

M/S Surya Pharma a Proprietorship Vs State of U.P. and 2 Others — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC:117788-DB

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Court No. - 3

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Case :- WRIT - C No. - 14208 of 2023

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Petitioner :- M/S Surya Pharma A Proprietorship Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kalpana Sinha,Sr. Advocate Counsel for Respondent :- C.S.C.,Chhaya Gupta,Sujeet Kumar

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Anish Kumar Gupta,J.

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1. Heard Ms. Kalpana Sinha, learned counsel for the petitioner, Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the respondents no. 1 and 2 and Sri Sujeet Kumar, learned counsel for the respondent no. 3.

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2. Aggrieved with the impugned ex parte order dated 16.02.2023, the petitioner has filed the present writ petition praying to quash the aforesaid impugned order.

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3. A counter affidavit dated 25.05.2023 has been filed today on behalf of respondents no. 1 and 2 and in paragraph 16 of the counter affidavit while replying to paragraphs no. 30, 31 and 32 of the writ petition it has not been disputed that no opportunity of hearing was afforded to the petitioner while passing the impugned order.

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4. In view of the aforesaid and without entering into the merits of the case of the petitioner, the impugned order dated 16.02.2023 is quashed. The writ petition is allowed . The matter is remitted to the respondent no. 2-The Licensing Authority and Director, Ayurved Services, U.P. Lucknow, with the following directions:-

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i) The respondent no. 2 shall within a week of presentation of a certified copy of this order by the petitioner or by the respondent no.3, issue notices to the petitioner and the respondent no. 3 requiring them to file objections within next two weeks.

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ii) Thereafter, the respondent no. 2 shall pass a speaking and reasoned order in accordance with law, expeditiously preferably within next three weeks, after affording reasonable opportunity of hearing to the petitioner and the respondent no.3.

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Order Date :- 26.5.2023

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Kirti

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Digitally signed by :- KIRTI SAHU High Court of Judicature at Allahabad

M/S Surya Pharma a Proprietorship v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

M/S Surya Pharma a Proprietorship v. State of U.P. and 2 Others

Case brief

What is this about?

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