Court No. - 3 Case :- MISC. SINGLE No. - 1883 of 2010 Petitioner :- Ram Abhilash Shukla Respondent :- State Of U.P.Through Prin. Secy. Panchayati Raj Lko.And Ors. Petitioner Counsel :- R.C.Singh,A.K. Pandey,R.P. Shukla Respondent Counsel :- C.S.C.,Pankaj Pandey Hon'ble Shri Narayan Shukla,J.
Personal Affidavit filed by Mr. Santosh Kumar Gupta, Village
Development Officer, Vikas Khand Tulsipur as well as reply of the
same are taken on record.
Through the affidavit Mr. Santosh Kumar Gupta has submitted
that he went to the house of the petitioner continuously for three
days but could not meet with him. He pasted the notice on the
petitioner’s door on 30.11.2009, in presence of two witnesses;
namely; Mahesh Kumar Shukla and Ravindra Nath Shukla.
Disputing the same, the learned counsel for the petitioner
submits that through the reply of the same the petitioner has
brought on record the cheque signed by him as well as by Mr.
Santosh Kumar Gupta on 30.11.2009, which establishes that on
30.11.2009 both on them met and signed the cheque as well as
necessary documents, which indicates that the affidavit
submitted by Mr. Santosh Kumar Gupta is false.
The petitioner has challenged the order impugned dated
19.3.2010, whereby his administrative as well as financial power
has been seized being in violation of principles of natural justice
as no notice was served to him prior to the order impugned.
Keeping in view the facts and circumstances of the case, the
contention of the petitioner appears to be correct. Therefore,
being prima facie satisfied with the contention of the petitioner, I
hereby quash the order impugned dated 19th March, 2010
(Annexure No. 1 to the writ petition), whereby the petitioner’s
administrative as well as financial power has been seized, with
liberty to the District Magistrate concerned to pass fresh order
after providing proper opportunity of hearing to the petitioner.
Thus without interfering in the proceeding initiated against the
petitioner the order impugned is hereby quashed.
In the aforesaid term, the writ petition is disposed of finally.
Order Date :- 2.7.2010
GSY