Azhar Husain v. Zonal Adhikari Zone-6 Nagar Nigam Lucknow

Court No. - 3 Case :- WRIT - C No. - 9074 of 2023 Petitioner :- Azhar Husain Respondent :- Zonal Adhikari Zone-6 Nagar Nigam Lucknow Counsel for Petitioner :- Saiyed Afzal Abbas Rizvi Counsel for Respondent :- Namit Sharma Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1Heard learned counsel for petitioner and Sri Krishna Kumar Pandey, Advocate, who has filed his Power today on behalf of respondent, which is taken on record.

¶2Petitioner has approached this Court claiming that a death certificate granted in favour of petitioner stands cancelled by the impugned order dated 26.8.2023.

¶3Learned counsel for petitioner states that a complaint was made by a third party and a notice was given to the petitioner. The petitioner was asked to produce the receipt of karbala where burial took place. The said receipt is also duly filed by petitioner, however, still the impugned order was passed without giving any further hearing to the petitioner on the ground that the said receipt is false. The petitioner was never given any opportunity to prove the genuineness of the said receipt.

¶4Learned counsel for respondent could not show any document to prove that petitioner was given any opportunity to prove the genuineness of the receipt.

¶5In the given facts and circumstances of the case, impugned order dated

26.8.2023 is set aside. The petitioner shall appear before the respondent-Zonal Adhikari, Zone-6, Nagar Nigam, Lucknow on 26.10.2023 along with all documents in the morning at 11:00 a.m., who shall thereafter give proper opportunity of hearing to the petitioner and pass an appropriate order in accordance with law within a period of two weeks thereafter.

¶6In case petitioner fails to cooperate in the proceedings, benefit of this order shall not be available to him.

¶7The writ petition stands allowed. [Manish Kumar,J.] [Vivek Chaudhary,J.] Order Date :- 17.10.2023 Sachin High Court of Judicature at Allahabad, Lucknow Bench