Court No. - 6
Case :- WRIT - C No. - 24151 of 2019 Petitioner :- Lal Mani Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sachida Nand Tiwari,Rahul Sahai Counsel for Respondent :- C.S.C.,Bhanu Deo Pandey,Durga Singh
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner, Sri Bhanu Deo Pandey learned counsel for the respondent No.3, Sri Durga Singh for the fifth respondent and the learned Standing Counsel.
Learned Standing Counsel fairly concedes that the order impugned cannot be sustained since ex facie it is evident that the District Magistrate has failed to either allude to or consider the explanation which was proffered by the petitioner. In view thereof, he submits that the ends of justice would merit the matter being remanded for fresh consideration by the District Magistrate concerned.
Accordingly and in view of the above, this writ petition is allowed. The impugned order dated 01 July 2019is hereby quashed. It is however left open to the concerned District Magistrate to proceed in the matter afresh and in accordance with the procedure prescribed under the 1997 Rules.
Order Date :- 25.7.2019 faraz