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SMT. MANJU DEVI versus STATE OF U.P. THRU' SECRY. PANCHAYAT RAJ AND OTHERS

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 [2007] RD-AH 3224 (26 February 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

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.

D/-26.2.2007

SCS/10066


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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