Court No. - 21
Case :- WRIT - C No. - 41 of 2021 Petitioner :- Nafees Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kaushal Kishor Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Present writ petition is preferred seeking following principal reliefs:-
"(i) issue, a writ, order or direction in the nature of certiorari quashing the impugned notice dated 13.2.2020 issued by respondent no.4 Mines Officer Chitrakoot (Annexure No.2) in connection with the order dated 18.1.2020, passed by District Magistrate, Chitrakoot in sequence of letter no. 1334/m31 A lekha Pariksha dated 20.11.2019 issued by Directer Bhootatu and Khanikarm Nidesalay Uttar Pradesh, Lucknow.
(ii) issue, a writ, order or direction in the nature of mandamus directing to the respondents have no coercive action against the petitioner in pursuance of illegal recovery issued on dated 13.2.2020 by respondent no.4 Mines Officer Chitrakoot in connection with order dated 18.1.2020 passed by District Magistrate Chitrakoot in sequence of letter no. 1334/m31 A Lekha Pariksha dated 20.11.2019 issued by Director Bhootatu and Khanikarm Nidesalay, Uttar Pradesh, Lucknow".
A challenge has been raised to the notice-cum-order dated 13.02.2020 passed by respondent no.4-Mines Officer, District- Chitrakoot, by which penalty of Rs.1,00,000/- has been imposed on the petitioner for having failed to carry out the necessary afforestation. By means of paragraph no.17 of the writ petition, it has been stated that the aforesaid notice-cum- order was not preceded by any show cause notice of any kind. Other pleadings have also been made in the writ petition to challenge the penalty imposed.
Having heard learned counsel for the parties and having perused the record, without going into the merits of the contentions so raised, it appears that the notice-cum-order dated 13.02.2020 has not been preceded by any notice. Besides the pleading made by the petitioner, there is also no recital of such notice in that communication itself.
In such circumstances, the present writ petition is disposed of with the direction that in case the petitioner files reply to the aforesaid communication dated 13.02.2020 within a period of three weeks from today alongwith a copy of this order before respondent no.3-District Magistrate-Chitrakoot, alongwith any other material that may he may wish to rely on, the said authority may pass a reasoned order within a further period of four weeks therefrom. The rights of the parties shall stand determined by such decision to be made by the District Magistrate-Chitrakoot.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.1.2021 Neeraj