Court No. - 1
Case :- WRIT - C No. - 27574 of 2019 Petitioner :- Smt. Meena Agarwal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Kumar Pandey Counsel for Respondent :- C.S.C.,Archit Mandhyan
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Manish Kumar Pandey, learned counsel for the petitioner, Sri Nipendra Mishra, learned counsel for the respondent nos.2 and 3 and learned Standing Counsel for respondent no.1.
The main ground for assailing the order dated 19.6.2019 in the present writ petition has been raised in paragraph-12 that notice or opportunity of hearing was given to the petitioner while passing the order dated 19.6.2019 which has adverse civil consequences. Thus, according to him the order has been passed in gross violation of principles of natural justice and unsustainable in law.
Countering the above submissions, Sri Nipendra Mishra, learned counsel for the respondent nos.2 and 3 has placed before this Court the instruction in which it is stated that on 15.3.2018 a show cause notice was issued to the petitioner. However, we found no such mention in the notice dated 19.6.2019 and on a pointed query being made to learned counsel for the respondents as to why the same has not been mentioned in the order impugned, he could not offer any plausible justification for the same.
In such circumstances, we are of the opinion that the order dated 19.6.2019 has been passed without any notice and opportunity of hearing to the petitioner.
In view of the above, on the above short question of law, we are allowing this writ petition by quashing the order dated 19.6.2019 passed by Secretary, Krishi Utpadan Mandi Samiti, Nagina, District Bijnor.
However, liberty rests with the respondent-Mandi Parishad to proceed afresh in accordance with law giving notice and opportunity of hearing to the petitioner.
(Ajit Kumar,J.) (Ramesh Sinha, J.) Order Date :- 22.8.2019 Deepika