Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 6071 of 2021 Petitioner :- Gajampher Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Rajiv Sisodia,Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the parties.
Challenge in the present writ petition is to the impugned notice dated 1.1.2021 issued by the Additional District Magistrate (Finance and Revenue), Bijnor under Section 3 (1) of the U P Goondas Control Act, 1970.
Counsel for the petitioner submits that on account of pandemic Covid-19, petitioner could not file reply to the impugned notice. He, however, submits that purpose of filing this writ petition would be served, if he is permitted to file reply to the said notice and a direction may be issued to the competent authority to consider and decide the same in accordance with law. He further submits that as the petitioner has failed to submit his reply in time, the competent authority may not consider the same on merits and, therefore, appropriate direction be also issued.
Learned AGA for the State has no objection, if any such direction is issued to the competent authority.
Petition is disposed of with a direction to the competent authority that, if the petitioner files his reply to the impugned notice within two weeks from today, the competent authority shall consider and decide the same on merits, ignoring the point of limitation, and pass appropriate order in accordance with law, if not already passed.
It is made clear that this Court has observed nothing on the merits of the case and the competent authority to act in accordance with law.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self-attested by the petitioner (s) along with a self-attested identify proof of the said person (s) (preferably Aadhar Card).
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.8.2021 RKK/-