Court No. - 29
Case :- WRIT - C No. - 23416 of 2019 Petitioner :- Awadhesh Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Mishra Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and the learned counsel appearing for respondent no. 4, Nagar Panchayat Belthera Road, Ballia.
Learned counsel for the parties have agreed for final disposal of the writ petition at the outset without exchange of the affidavits.
The petitioner was awarded a contract to collect parking fee at the taxi stand in the year 2019-2020. The Executive Officer, Nagar Panchayat by the impugned order dated 5.7.2019 on the directions of the District Magistrate issued on the basis of the meeting of the District Monitoring Cell on 23.6.2019 has directed the petitioner not to realize the parking fee with immediate effect.
The submission is that the District Magistrate has no jurisdiction to intervene in the matter of grant of contract for realizing parking fee of the Nagar Panchayat and that the impugned order has been passed without any notice or opportunity of hearing to the petitioner.
In view of the aforesaid facts and circumstances, as the order impugned is apparently violative of the principles of natural justice and has been passed on the dictates of the District Magistrate who has no role to play in the working of the Nagar Panchayat, we dispose of the writ petition with the direction to respondent no. 4 to issue a show cause notice to the petitioner within a period of two weeks from today. It will be open to the petitioner to submit his reply to the show cause notice and to raise all questions in defence even relating to the jurisdiction of the District Magistrate to issue such direction within a period of two weeks on the receipt of the notice whereupon the Executive Officer shall consider the same and pass appropriate orders in accordance with law. The impugned order dated 5.7.2019 is hereby quashed and the writ petition is allowed with the aforesaid direction.
Order Date :- 30.7.2019 SKS