Court No. - 21
Case :- WRIT - C No. - 24481 of 2019 Petitioner :- Mira Gupta And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Chandra Bhan Gupta,Abhishek Gupta Counsel for Respondent :- C.S.C.,Anjali Upadhya,Bhanu Bhushan Jauhari
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Piyush Agrawal,J.
The petitioners were called upon to furnish reply to the show cause notice dated 04.07.2019 issued by respondent no.5.
Sri B.B.Jauhari, learned counsel for the respondents has raised a preliminary objection that against the show cause notice a writ petition is not maintainable.
Learned counsel for the petitioners states that the respondent no.2 has issued notice on 03.01.2019 to which the petitioners have submitted a reply on 19.01.2019. A copy of the said reply is also on the record. But no decision has been taken. Sri Jauhari submits that the respondent no.2 has sought some clarification from the petitioners but no clarification has been made.
It is trite law that a writ petition against a show cause notice is not maintainable unless it is shown that the authority has no jurisdiction to issue show cause notice. No such plea has been taken in the writ petition.
In view of above, ends of justice would be subserved by leaving it open to the petitioners to file reply to the present notice dated 04.07.2019. The reply shall be accompanied by the earlier reply submitted by the petitioners. In case the petitioners submit the reply within two weeks along with a certified copy of this order, the authority concerned shall pass an appropriate order in accordance with law expeditiously.
Accordingly, the writ petition is disposed of.
Order Date :- 30.7.2019 MAA/-