Allahabad High Court High Court

C/M, Nirbal Varg Krishi Utpadan … vs State Of U.P. & Others on 25 January, 2010

Allahabad High Court
C/M, Nirbal Varg Krishi Utpadan … vs State Of U.P. & Others on 25 January, 2010
Court No. - 36

Case :- WRIT - C No. - 3322 of 2010

Petitioner :- C/M, Nirbal Varg Krishi Utpadan Avam Urvarak Vipdan & Anr.
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Vijay Bahadur Maurya
Respondent Counsel :- C.S.C.

Hon'ble Prakash Krishna,J.

Hon’ble Yogesh Chandra Gupta,J.

The contention of learned counsel for the petitioners is that although against
the impugned order, appeal lies but the appellate authority is the same who
has passed the impugned order. He submits that Sri Amal Kumar Varma, the
Registrar who has passed the impugned order, is Principal Secretary also,
therefore, no useful purpose is going to be served by filing the appeal. The
further contention is that the impugned order has been passed without giving
any opportunity of hearing to the petitioners vide para 16 of the writ petition.
The matter requires consideration.

Three weeks time is granted to the learned standing counsel to file counter
affidavit.

(Prakash Krishna, J.)

(Yogesh Chandra Gupta, J.)

Order Date :- 25.1.2010
LBY