High Court of Judicature at Allahabad
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Smt. Manju Devi v. State Of U.P. Thru' Secry. Panchayat Raj And Others - WRIT - C No. 10066 of 2007  RD-AH 3224 (26 February 2007)
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner and the learned standing counsel. By consent of petitioner the writ petition is being finally disposed of without inviting counter affidavit.
The writ petition has been filed praying for quashing the show cause notice dated 7.2.2007. Learned counsel for the petitioner submits that although show cause notice was given to the petitioner asking his reply within fifteen days but by the same notice the Branch Manager, Kshetriya Gramin Bank was directed to stop the operation of the account. He submits that the District Magistrate cannot stop operation of the account without considering the reply of the petitioner which was asked by the same ;show cause notice. The submission of the petitioner appears to be correct. Annexure-1 to the writ petition is described as show cause notice and the petitioner has been asked to submit reply within 15 days. Petitioner submits that the show cause notice was received on 13.2.2007 and till 28.2.2007 petitioner was given time by the same notice to submit reply.
In view of the facts of the present case and In the circumstances of the case no useful purpose will be served in keeping the writ petition pending and calling a counter affidavit, ends of justice be served in disposing of the writ petition observing that till an order is passed by the District Magistrate in pursuance of the notice dated 7.2.2007 operation of the account cannot be stopped. Thus the endorsement No. 2 in the show cause notice dated 7.2.2007 is set aside. It will, however, be open for the District Magistrate to pass an order in accordance with law after considering the reply of the petitioner.
With the above observation the writ petition is disposed of.
Let a certified copy of this order be issued to counsel for the petitioner within twenty four hours on payment of usual charges.
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