This Court set aside a mechanical and unreasonable order that failed to address the petitioner's objection. The matter was remitted to the A.S.O. for re-determination after an opportunity of hearing, to be completed within eight weeks.
The impugned order was set aside and the matter remitted to the A.S.O. for re-determination after an opportunity of hearing.
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W.P.(C). No.3490 of 2014
6. 08.12.2016 Heard learned counsel for the petitioner.
Looking to the objection at the instance of the petitioner available at Annexur
e-6 and reading of the impugned order at Annexure-8 nowhere discloses any discussion on the ob
jection raised by the petitioner. The order appears to be a mechanical and unreasonable one.
Under the circumstances, this Court while setting aside the impugned order remits the matter
back to the A.S.O. for re-determination of the issue in Objection Case No. 1781/1703 of 2013
after affording opportunity of hearing and taking into consideration the objection raised in
Annexure-6.
Let the entire exercise be completed within a period of 8 (eight) weeks from
the date of submission of a certified copy of this order at the instance of the petitioner.
Petitioner is directed to appear before the A.S.O.-opposite party no.6 on
21.12.2016 along with a certified copy of this order.
With the aforesaid observation, the writ petition stands disposedof.
Issue urgent certified copy of this order on proper application.
BISWANATH RATH,J.
(JUDGE)
sks
-2-
1 issue framed by the court
Whether the impugned order which ignored the petitioner's objection and was mechanically passed without discussion should be set aside and remanded for re-determination.
BISWANATH RATH
As recorded by the court registry
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