Held that respondent Sub Divisional Officer must treat the writ petition as a representation, provide a hearing opportunity to the petitioner, and pass a speaking order within eight weeks.
Directed respondent Sub Divisional Officer to treat writ petition as representation, afford hearing, and pass speaking order.
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WPMS No.482 of 2013 Hon’ble Kalyan Jyoti Sengupta, J.
Mr. S.K. Mandal, Advocate present for the petitioner.
Mr. Paresh Tripthi, Addl.C.S.C. present for the State of Uttarakhand.
I have heard learned Counsel for the parties. I dispose of the writ petition directing respondent No. 3 i.e. Sub Divisional Officer, Pargana Kali Kumaon, Tanakpur, District Champawat to treat copy of the writ petition as representation and consider the issues raised by the petitioner in the writ petition upon giving opportunity of hearing to the petitioner, and passing speaking order.
The entire exercise shall be completed within a period of eight weeks from the date of communication of this order.
Let a copy of the writ petition and certified copy of this order be forwarded to the above Officer.
JKJ
2 issues framed by the court
Whether the petitioner should be given an opportunity of hearing before passing a speaking order.
Whether the writ petition should be treated as a representation for consideration.
Petitioner
State of Uttarakhand
Sub Divisional Officer, Pargana Kali Kumaon, Tanakpur, District Champawat
Kalyan Jyoti Sengupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
