Court No. - 35
Case :- WRIT - C No. - 41614 of 2018 Petitioner :- Girish Kumar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amit Saxena,Amar Bahadur Maurya Counsel for Respondent :- C.S.C.,Ashish Kumar (Nagvanshi) Hon'ble Bharati Sapru,J.
Hon'ble Saurabh Shyam Shamshery,J.
Heard Shri Amit Saxena, learned counsel for the petitioner and Shri Ashish Kumar (Nagvanshi), learned counsel for the respondents no.4 and 5.
From a plain reading of the notice which has been sent, it is apparent that the notice is not simply a notice but also an order for removal. The order has been passed ex-parte by the Executive Officer, Nagar Panchayat, Chandauli.
The order is ex-parte and arbitrary. We, therefore, set aside the order dated 02.12.2018 passed by the respondent no.5.
However, it is open to the respondents to pass fresh orders in accordance with law.
The writ petition is accordingly disposed of.
Order Date :- 21.12.2018 pks