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Victor Minj Vs State Of Chhattisgarh And Ors

Case No: Writ Petition (S) No. 4822 Of 2012

Date of Decision: Sept. 18, 2018

Hon'ble Judges: P. Sam Koshy, J

Bench: Single Bench

Advocate: Mahesh Mishra, Astha Shukla, Umesh Verma, Sumesh Bajaj, Pawan Shrivastava

Final Decision: Allowed

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Judgement

P. Sam Koshy, J

1. Challenge in the present writ petition is to the order dated 17.9.2012, Annexure P-1, passed by respondent no.2 and there is also a challenge to the

order dated 4.10.2012, Annexure P-14, which is an order seeking recovery from the petitioner.

2. At the outset, learned counsels appearing for the respective parties make a submission that the two orders were already put to test before this

Court by another petitioner namely G.S. Thakur vide Writ Petition (S) No. 5079 of 2012. This Court on 3.7.2018 allowed the said writ petition

quashing only the order dated 4.10.2012 reserving the right of the respondents to proceed further in accordance with law, as this Court had found that

the order dated 4.10.2012 has been passed without issuance of any notice or an opportunity of hearing being granted to the petitioner.

3. Since a stand has already been taken in the aforesaid writ petition i.e. W.P.S. No. 5079/2012, this Court is inclined to take the same stand in the

present writ petition as it is the same order under challenge in the present writ petition and the said order dated 4.10.2012 was also passed arising out

of the same order passed by respondent no.2.

4. Accordingly, the present writ petition stands allowed in similar terms to the order passed by this Court on 3.7.2018 passed in W.P.S. No. 5079/2012,

with consequences to follow.