Court No. - 3 Case :- MISC. SINGLE No. - 3665 of 2010 Petitioner :- Smt. Archna Mittal W/O Vineet Mittal Respondent :- State Of U.P. Thru Principal Secretary Finance & Revenue & O Petitioner Counsel :- Vishnu Dev Shukla Respondent Counsel :- C.S.C. Hon'ble Shri Narayan Shukla,J.
Notices on behalf of opposite parties 1 to 3 have been accepted by learned
Chief Standing Counsel.
Heard Mr.Vishnu Dev Shukla, learned counsel for the petitioner as well as
learned Standing Counsel.
The petitioner has challenged the order dated 14th of June, 2010, passed by
the Additional District Magistrate (Supply), Lucknow, whereby the
petitioner’s application dated 26th of May, 2010 for cancellation of order
dated 23rd of October, 2008 has been rejected, on the ground that the
petitioner was served with the notice of the case, but she did not respond,
whereas learned counsel for the petitioner disputes so and submits that the
matter deserves to be heard and decided on merit.
Considering the facts and circumstances of the case, I am of the view that the
matter requires hearing on merit as a fresh after providing opportunity of
hearing to the parties concerned, therefore, I hereby quash the order impugned
dated 14th of June, 2010, passed by the Additional District Magistrate
(Supply), Lucknow and allow the application moved by the petitioner on 14th
of June, 2010 with the direction to the Additional District Magistrate
(Supply), Lucknow to proceed and hear the case afresh and pass an order on
merit after providing opportunity of hearing to the parties concerned.
Keeping in view the submission of learned Standing Counsel that the
petitioner is avoiding in cooperation of the proceeding, I hereby direct the
petitioner to place this order before the authority concerned on 28th of June,
2010, who shall proceed with the case and decide the same expeditiously as
per observations made here-in-above within one month from the date of
production of a certified copy of this order.
With the aforesaid observations and directions the writ petition is disposed of
finally.
Order Date :- 17.6.2010
Banswar