The writ petitioner challenged a non-speaking order where materials were not considered. The single judge found total non-application of mind, set aside the impugned order, and remanded the matter for a speaking order within six weeks.
Impugned order set aside; Respondent No. 3 directed to consider materials afresh and pass speaking order within six weeks.
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WPMS No. 387 of 2013
Hon’ble Kalyan Jyoti Sengupta, J.
Mr. Z.U. Siddique, Advocate, present
for the petitioner.
Mr. Paresh Tripathi, Additional C.S.C., present for the State of Uttarakhand.
After hearing learned counsel for the parties, I dispose of this writ petition, as I feel no affidavit is required in this matter.
I have seen the impugned order and it appears that there has been total non application of mind with regard to the petitioner’s contention. It appears that the documents supplied by the petitioner have not been considered and the impugned order is non-speaking.
Accordingly, I set aside this impugned order and direct respondent No. 3 to consider the matter afresh taking into consideration all the materials supplied by the petitioner in his application. He shall pass speaking order without being influenced by the impugned order. This exercise shall be completed within a period of six weeks from the date of communication of this order.
The writ petition is disposed of accordingly.
No order as to costs.
Aswal
2 issues framed by the court
Whether the impugned order suffers from total non-application of mind and non-speaking nature.
Whether the petitioner's submitted materials were considered by the authority.
Petitioner
State of Uttarakhand
Respondent No. 3
Kalyan Jyoti Sengupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
