Court No. - 32
Case :- WRIT - C No. - 42536 of 2019 Petitioner :- Mohd. Tariq Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastav Counsel for Respondent :- C.S.C.,Vaibhav Tripathi
Hon'ble Shashi Kant Gupta,J. Hon'ble Shamim Ahmed,J.
This writ petition has been filed, interalia, for the following reliefs:
"I. Issue a writ, order or direction in the nature of Certiorari quashing the order dated 23.03.2019 passed by the Collector/District Magistrate, Firozabad.
II. Issue a writ, order or direction in the nature of Mandamus directing the respondents not to take any coercive action against the petitioner in pursuance of the above notice."
Heard learned counsel for the petitioner, Sri Yashwant Singh, learned counsel appearing on behalf of the respondent no. 3 and perused the record.
Learned counsel for the petitioner has stated that the impugned order has been passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 by the respondent no. 2-Collector/District Magistrate, Firozabad without giving any opportunity of hearing to the petitioner, as such, the aforementioned order has been passed in utter violation of principle of natural justice. In support of his contention, he has placed reliance upon the decision of the Division Bench this Court passed in Writ C No. 38578 of 2018 (Kumkum Tentiwal Versus State of U.P. and 3 Others) decided on 11.12.2018.
The learned counsel for the respondent no. 3 has not been able to rebut the contention so made by the learned counsel for the petitioner.
Admittedly, no opportunity of hearing has been given to the petitioner by the respondent no. 2 while passing the impugned order.
Considering the facts and circumstances of the case and in view of the decision passed by this Court in the case of Kumkum Tentiwal Vrs. State of U.P. (Supra), we hereby quash the order dated 23.03.2019 passed by the respondent no. 2/District Magistrate, Firozabad and we direct the respondent no. 2 to pass a fresh order in accordance with law after issuing notice and affording opportunity of hearing to the petitioner. In case any fresh order is passed by the respondent authorities, it shall be a speaking order.
With the aforesaid observation and direction, this writ petition stands allowed.
Order Date :- 20.12.2019 vinay