This court on 13-12-2019 passed the following order in this case:-
"This Court by means of the order dated 05.12.2019 has passed the following order which reads as under-:
"Sri D.K.Mishra, learned counsel for the petitioner submitted that the impugned order dated 11.09.2019 passed in Appeal No.01655/2019 has been passed in a cyclostyle manner mentioning therein that the written arguments and the lower court record has been considered while neither the written arguments were filed nor the lower court was summoned.
Sri Pranav Pandey, learned Standing Counsel appearing on behalf of the opposite parties prays for and is granted a weeks time to seek instructions in the matter.
List on 13.12.2019 as fresh."
Today learned Standing Counsel Shri Indra Pratap Singh appearing for the State submits that he has received parawise narrative. However, in so far as the relevant paragraph-14 is concerned, wherein it has categorically been submitted that the opposite party no.2 has passed the impugned order dated 11.09.2019 without calling for the record of the lower court record nor any written arguments have been filed. However, in the impugned order there is a mention that the lower court record was summoned and the written arguments have been filed.
It is in this backdrop that this Court has called for the instruction. From the perusal of the narrative signed by the District Magistrate, Unnao, there is no mention regarding the fact whether the lower court record was produced and called for and whether the written submission were filed. There is a deliberate evasion to give a reply.
This Court finds that there is no sufficient compliance, accordingly, put up this matter on 19th of December, 2019 as fresh on which date the record of Appeal No.01656 of 2019 decided by the Commissioner shall be produced before the Court. The instruction given to the learned Standing Counsel has been taken on record."
Learned Standing Counsel, on instructions, states that statement of the petitioner is correct that the lower court record was not summoned. Therefore, it appears that the order has been passed without application of mind. Thus, the order dated 11-09-2019 passed by the Commissioner, Lucknow Division, Lucknow is set aside and the appeal is remanded back for hearing and deciding again. Respondent no. 2, the Commissioner, Lucknow Division, Lucknow, shall hear the appeal again and after hearing, pass a fresh order in accordance with law, within a period of six weeks from the date a certified copy of this order is placed before him.
With the aforesaid present writ petition is disposed of.
Order Date :- 19.12.2019 AKS (Vivek Chaudhary,J.)