Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3474 of 2021 Petitioner :- Sarfaraz Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamal Krishna Roy, Mohd. Saeed Siddiqui, Rajvendra Singh Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and learned A.G.A.
This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of certiorari calling for records concerning the impugned order dated 22.02.2021 (Annexure-1) passed by the Competent Authority/Additional District Magistrate (Finance & Revenue), Mau in Case No.6 of 2020 (State Vs. Sarfaraz) and all its consequential civil and criminal actions, and to quash the same. Further prayer is that to issue a mandamus directing the respondents not to harass the petitioner on account of recovery proceedings in pursuance of the impugned order dated 22.02.2021 (Annexure-1) passed by the Competent Authority/Additional District Magistrate (Finance & Revenue), Mau in Case No.6 of 2020 (State Vs. Sarfaraz).
Learned A.G.A. has contended that the writ petition is not maintainable against the order impugned which is though an ex-parte order but has been passed in the interest of justice.
It was submitted by learned counsel for the petitioner that the petitioner was not given an opportunity to explain his role and order was passed against him ex-parte, which is against the principles of natural law/justice.
We suspend the impugned order at this stage. The petitioner shall file his reply, if he had not already filed and he shall be heard and fresh orders be passed on merit within six months from today. The direction so as to in Case No.6 of 2020 (State Vs. Sarfaraz) damages to the tune of Rs.1,90,857/- has been fastened on the petitioner, is kept in suspension subject to the petitioner deposits ten percent of the said amount. This ten percent is subject to his right and contention, which may be raised before the authority concerned. This ten percent is directed to be deposited on or before 30.06.2021.
With this observation, the writ petition is finally disposed of.
Order Date :- 10.5.2021 R./ Digitally signed by Justice Kaushal Jayendra Thaker Date: 2021.05.13 12:57:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Ajit Singh Date: 2021.05.13 12:59:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad