Allahabad High Court
M/S JAIN HEART CARE HOSPITALS PRIVATE LIMITEDversusTHE STATE OF UP AND 5 OTHERS
- Decided
Holding
The order is set aside for violation of natural justice as it was passed without notice or hearing.
Summary
M/s Jain Heart Care Hospitals Private Limited filed a writ petition challenging an order dated 23.07.2025 passed by Respondent No.2 that rejected its claim. The petitioner argued that the order was passed without any notice or opportunity of hearing, violating the principles of natural justice, and described the order as non‑speaking. The respondents contended that the order contained elaborate reasons and therefore required no interference. The Court examined the order and found that no notice or hearing was afforded, and the order indeed lacked substantive reasoning. Consequently, the Court set aside the impugned order, directing the respondent to reconsider the claim after providing proper notice and a hearing within two months, and allowed the writ petition.
Issues considered
- Whether the order passed by Respondent No.2 without notice and hearing violates the principles of natural justice.
- Whether the order is non‑speaking and therefore liable to be set aside.
Subjects
- natural justice
- notice
- opportunity of hearing
- writ petition
- High Court of Allahabad
- order set aside
- remand
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18622 of 2026
M/S Jain Heart Care Hospitals Private Limited
.....Petitioner(s)
Versus
The State Of Up And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kashif Zaidi
Counsel for Respondent(s) : C.S.C.
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for
the State-respondents.
2. The petitioner by means of the present writ petition has assailed the order
dated 23.07.2025 passed by the respondent no.2 whereby he has rejected the
claim of the petitioner.
3. Challenging the aforesaid order, learned counsel for the petitioner has
contended that impugned order has been passed without giving any notice
and opportunity of hearing to the petitioner, which is in violation of
principles of natural justice. It is submitted that the impugned order is non-
speaking.
4. Per contra, learned Standing Counsel submits that elaborate reasons have
been given by the respondent no.2 while passing the impugned order.
Accordingly, he submits that no interference is required with the impugned
order.
5. Be that as it may, from the perusal of impugned order, it is evident that no
notice or opportunity of hearing was afforded to the petitioner by the
respondent no.2 before passing the impugned order. Further, learned counsel
for the respondents also could not demonstrate from the impugned order that
any opportunity of hearing was afforded to the petitioner before passing the
impugned order. It further emanates from the impugned order that the
impugned order is non-speaking.
WRIC No. 18622 of 2026
2
6. Since, the impugned order has been passed without giving any notice and
opportunity of hearing to the petitioner, therefore, impugned order being in
violation of principles of natural justice cannot be sustained in law and is,
accordingly, set aside.
7. The matter is remitted to the respondent no.2 to decide the claim of the
petitioner afresh after giving due notice and opportunity of hearing to him
within a period of two months from the date he receives the certified copy of
this order.
8. Accordingly, the writ petition is allowed subject to the observations made
above.
May 12, 2026
SS
(Garima Prashad,J.) (Saral Srivastava,J.)
Digitally signed by :-
SUNIL KUMAR SHARMA
High Court of Judicature at Allahabad
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