Allahabad High Court
Satya Dev Lal Srivastava And 14 ... vs State Of U.P. And 4 Others on 21 October, 2016
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- WRIT - C No. - 49905 of 2016
Petitioner :- Satya Dev Lal Srivastava And 14 Others
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Vijay Kumar Singh,Vinay Kumar Srivastava
Counsel for Respondent :- C.S.C.,Tej Narain Tiwari
Hon'ble Ashwani Kumar Mishra, J.
In the matter following orders were passed by this Court in the matter:-
"Learned Senior Counsel for the petitioners states that after the arguments were closed and judgment was reserved, the opposite parties produced entire set of records, which has formed the basis of impugned order. Submission is that petitioners have not been confronted with all such materials, and reasonable opportunity of contest has been denied.
Sri T.N. Tiwari, learned counsel appearing for the respondents, seeks a short adjournment to examine the matter.
Put up once again as fresh on 21st October, 2016."
Learned counsel for the respondents does not dispute that original records, which have formed the basis of impugned orders, were produced after the arguments in the matter had been closed. It is also not in dispute with in respect of these documents, the petitioners were not given any opportunity of inspecting these records or to submit their explanation / reply in the matter.
In view of the above, breach of the principles of natural justice is clearly made out.
Learned counsel further states that the proceedings have been transferred from District Gorakhpur to Agra upon an application filed by the petitioners. It is stated that the officers may have change by now and even otherwise in view of the ratio laid down in Jai Bahadur Singh and others Versus State of U.P. and others, 2016(2) ADJ 270, the Registrar has no power or authority to transfer the matter from one Deputy Registrar to another, and thus, the required proceedings be undertaken by the District Assistant Registrar, Firm Society & Chits, Gorakhpur.
In view of the above, the petition is liable to succeed on these short grounds alone. The authority is expected to give a reasonable opportunity to the parties to make their submissions in the context of evidence adduced, and it can not be countenanced that arguments are concluded first, and thereafter evidence is produced by the parties, in which cause affected parties would be right in contending that a fair opportunity of contest has been denied to it.
Consequently, the writ petition succeeds and is allowed. The order dated 20/23rd August, 2016, is set aside.
The matter is remitted back to the Assistant Registrar, Firms Societies & Chits, Gorakhpur Region, Gorakhpur, to proceed afresh. The Assistant Registrar shall fix a date for parties to adduce their evidences and thereafter proceed to hear the parties.
The required exercise shall be undertaken within a period of three months from the date of presentation of certified copy of this order.
Order Date :- 21.10.2016
Vinod.
