Allahabad High Court
Krishna Sonography Center vs State Of Up And 2 Others on 3 December, 2024
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:189415-DB Court No. - 40 Case :- WRIT - C No. - 25489 of 2024 Petitioner :- Krishna Sonography Center Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Pankaj Kumar Rai,Shambhavi Nandan Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J.
Hon'ble Vipin Chandra Dixit,J.
1. Heard learned counsel appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the ex-parte order dated 28.10.2023 passed by the District Magistrate/Appropriate Authority, Azamgarh.
3. Learned counsel appearing on behalf of the petitioner submits that no opportunity of hearing was granted to the petitioner and accordingly this rejection of application for grant of renewal of the registration is without any basis of law and violates the principles of natural justice.
4. Per contra, learned counsel appearing on behalf of respondents submits that notice was served upon the petitioner but the petitioner failed to appear.
5. Considered the facts and circumstances of the case and we are of the view that one more opportunity should be granted to the petitioner to present his case before the authority before passing the order of rejection.
6. Accordingly, the impugned order is quashed and set-aside with the direction to the District Magistrate/Appropriate Authority, Azamgarh to grant an opportunity of hearing to the petitioner and pass a reasoned order in accordance with law within a period of six weeks from date. The petitioner shall not seek any adjournment in the matter and shall appear on the appointed date by the authority.
7. With the above direction, the writ petition is disposed of.
Order Date :- 3.12.2024 Kpy (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.)