Allahabad High Court
VIRENDRA KUMAR SRIVASTAVAversusSTATE OF UP AND 9 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The order dated 04.07.2025 passed by the Deputy Director of Agriculture, Siddharthnagar, was quashed for being issued without a hearing.
Summary
The petitioner, Virendra Kumar Srivastava, challenged an order dated 04.07.2025 issued by the Deputy Director of Agriculture, Siddharthnagar, which sought recovery against him. The petitioner contended that the order was passed without any notice or opportunity of hearing, violating principles of natural justice. The court noted that this claim was not denied by the standing counsel. With the consent of both parties, the writ petition was disposed of at the admission stage. The court held that the impugned order must be set aside for being passed without a hearing and quashed it. The Deputy Director was directed to issue a fresh order after providing the petitioner a proper hearing, and the writ petition was allowed.
Issues considered
- Whether an order passed by an administrative authority without providing notice and an opportunity of hearing violates the principles of natural justice and is liable to be set aside.
Subjects
- natural justice
- due process
- administrative law
- writ petition
- quashing order
- notice
- hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 7315 of 2026
Virendra Kumar Srivastava
.....Petitioner(s)
Versus
State Of Up And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deepak Kumar Srivastava,
Ganesh Shanker Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Instructions dated 11.05.2026 was placed before the
Court by learned Standing Counsel, same is taken on
record.
2. The order dated 04.07.2025 passed by Deputy Director
of Agriculture, Siddharthnagar by which recovery sought
against the petitioner is under challenge in the present writ
petition.
3. It is argued by counsel for the petitioner that aforesaid
order has been passed without providing any opportunity
and notice to the petitioner hence same is liable to be set
aside.
4. This fact is not denied by learned Standing Counsel.
5. Heard learned counsel for the parties and perused the
records.
6. With the consent of learned counsel for the parties
present writ petition is being disposed of at the admission
stage itself.
7. Since the order impugned has been passed without
providing opportunity of hearing to the petitioner, the order
WRIA No. 7315 of 2026
2
dated 04.07.2025 passed by Deputy Director of Agriculture,
Siddharthnagar is liable to be set aside and the same is
hereby quashed.
8. The writ petition is allowed. The Deputy Director of
Agriculture, Siddharthnagar is directed to pass a fresh
order strictly in accordance with law after providing an
opportunity of hearing to the petitioner. The order impugned
will be subject to final outcome of fresh order.
May 14, 2026
Pramod Tripathi
(Prakash Padia,J.)
Digitally signed by :-
PRAKASH PADIA
High Court of Judicature at Allahabad
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