The Court disposed of the writ petition holding that the impugned order was non-speaking due to non-application of mind. The petitioner was directed for consideration of documents afresh.
Impugned order set aside; respondent directed to consider materials afresh and pass a speaking order within six weeks.
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WPMS No. 404 of 2013 Hon’ble Kalyan Jyoti Sengupta, J.
Mr. Ajay Veer Pundir, 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. 4 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
3 issues framed by the court
Whether the impugned order constituted a non-speaking order due to total non-application of mind in considering the petitioner's documents.
Whether the respondent should be directed to consider the material afresh and pass a speaking order.
Whether an affidavit was required for the disposal of the writ petition.
Petitioner
State of Uttarakhand
Kalyan Jyoti Sengupta
As recorded by the court registry
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