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Bindeshwar Shukla v. State of U.P. Thru. Prin. Secy. Energy Deptt. Civil Secrt. Lko. and 4 Others

Allowed/Partly Allowed on merits/Granted
Court
High Court of Judicature at Allahabad
Decided
10 October 2023
Bench
Vivek Chaudhary, Manish Kumar
Case no.
WRIC 8749/2023

Judgment

Court No. - 3 Case :- WRIT - C No. - 8749 of 2023 Petitioner :- Bindeshwar Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Energy Deptt. Civil Secrt. Lko. And 4 Others Counsel for Petitioner :- Mohd.Yasin Counsel for Respondent :- C.S.C.,Manish Jauhari Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for the petitioner, learned Standing Counsel and Sri Manish Jauhari, learned counsel for the respondent nos. 3 & 4. Mr.Manish

Jauhari,

learned

counsel

for

the respondents/Corporation has placed before the Court a final assessment order dated 15.11.2022, passed by the Executive Engineer concerned. The said order dated 15.11.2022, on the face of it reveals that the same is passed without assigning any reason whatsoever. Thus, the order cannot stand in the eye of law. In view of aforesaid, impugned order dated 15.11.2022, cannot stand and is set aside. The respondent no.4/Executive Engineer is directed to pass a fresh reasoned and speaking order after taking into consideration the objection raised by the petitioner in his objection. Such a decision may be taken by the concerned Executive Engineer, within a period of three weeks from today. Any demand against the petitioner shall be subject to further order passed by the Executive Engineer concerned. The writ petition stands allowed. (Manish Kumar, J.) (Vivek Chaudhary, J.) Order Date :- 10.10.2023 Arjun/- High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.