Om Prakash Kashyap vs State Of U.P. Thru. Prin. Secy ...
2022 Latest Caselaw 4745 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 3480 of 2022
 

 
Petitioner :- Om Prakash Kashyap
 
Respondent :- State Of U.P. Thru. Prin. Secy .Dept Of Urban Development Govt Of U.P. Civil Sectt Lko. And Others
 
Counsel for Petitioner :- Satendra Kumar Singh
 
Counsel for Respondent :- C.S.C.,Namit Sharma
 

 
Hon'ble Rajan Roy,J.

Heard.

There is an agreement between the counsel for the rival parties that the matter is similar to one bearing Writ-A No.3209 of 2022 [Ram Gopal Shukla vs. State of U.P. & Ors.] which has already been disposed of on 25.05.2022 in the following terms:-

Heard.

Order impugned herein dated 2.12.2021 was also subject-matter of challenge in writ petition No. 29875 (SS) of 2021, which is been decided on 20.12.2021 in the following terms:

"Heard learned counsel for the petitioner Sri Ghaus Beg, learned Standing Counsel for the State and learned counsel for respondent no.3 Sri Namit Sharma.

By the present writ petition, petitioner has challenged the order dated 2.12.2021 whereby respondent no.3 has withdrawn the order of regularization of the petitioner dated 18.3.2021.

Learned counsel for the petitioner submits that the impugned order dated 2.12.2021 is passed without giving any notice and opportunity of hearing to the petitioner and the same is in violation of principles of natural justice.

Learned Standing Counsel as well as learned counsel for respondent no.3 could not dispute the said fact from the record. The impugned order dated 2.12.2021 also does not note that any opportunity of hearing was given to the petitioner.

In view thereof, the impugned order dated 2.12.2021 cannot stand and is set aside. It shall, however, be open for respondent no.3 to pass a fresh reasoned and speaking order after giving a proper notice and opportunity of hearing to the petitioner in accordance with law.

With the aforesaid, present writ petition is allowed. "

As the subject-matter in the case at hand is similar, and the impugned order has already been quashed subject to the observations and directions contained in the aforesaid judgment, therefore, the impugned order dated 2.12.2021 is quashed on the same terms, as mentioned in the aforesaid judgment. The petitioner herein shall be entitled to the benefit of the said judgment on the same terms. The opposite parties shall proceed in the matter accordingly. With these observations/directions this writ petition is disposed of."

In view of the above, this writ petition is also disposed of in terms of the aforesaid order.

(Rajan Roy,J.)

Order Date :- 31.5.2022

Shanu/-