Court No. - 32
Case :- WRIT - C No. - 11602 of 2018 Petitioner :- Radhey Shyam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- J.S. Baghel Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
The petitioner has approached this Court challenging the order dated 27.12.2017 cancelling the electricity connection granted to him, on the ground that the same has been obtained by him in violation of the terms and conditions by producing a forged no objection certificate of the co- sharer of the property.
Learned counsel for the petitioner contends that a notice dated 11.12.2017 calling for an objection was served upon him on 25.12.2017 and before he could prepare and file his objection, the impugned order was passed. Learned counsel for the petitioner further submits that no forgery has been committed by him and as a matter of fact the notary affidavit filed before the authority concerned for seeking connection was forwarded by respondent No.4 herself who is the co-sharer of the agricultural plot alongwith the petitioner.
Be that as it may be, the question of fact which needs to be considered by the authorities.
Since, the petitioner was not given sufficient time to file his objection, the order impugned is prima facie in violation of principle of nature justice. However, since the order has been passed on the allegations of fraud, we are not inclined to quash the same. We are of the considered view that if post decisional hearing is given to the petitioner, the same would serve the interest of justice. In such circumstances, we dispose of the writ petition by providing that the petitioner may file his objection to the notice within a period of 10 days from today and in case any such objection is filed, the concerned authority shall be under an obligation to take appropriate decision, in accordance with law and pass a reasoned order, within a further period of two weeks from the date of filing of the objection.
It is also being made clear that if the petitioner asks he shall be given opportunity of personal hearing as well.
With the aforesaid observation/direction, the writ petition stands finally disposed of.
Order Date :- 30.3.2018 Ravi Prakash