Order Overturned: Natural Justice Violated as Petitioner Denied Opportunity to Respond; Case Remitted for Fair Hearing.

The HC set aside the impugned order dated 25.05.2023 due to a violation of natural justice principles, as the petitioner was not given adequate opportunity to file a reply or attend a personal hearing. The matter was remitted to the respondent, requiring the petitioner to file a reply within 21 days. The respondent must ensure sufficient opportunities for the petitioner. The writ petition was disposed of with no costs, and the connected miscellaneous petition was closed.

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Issues involved:
The issues involved in the judgment are violation of principles of natural justice, failure to provide opportunity for filing reply and personal hearing, and setting aside the impugned order.

Violation of Principles of Natural Justice:
The petitioner challenged the impugned order dated 25.05.2023, claiming that prior notices were uploaded on the web portal but not physically served, leading to unawareness. The petitioner argued that no opportunity for filing a reply or personal hearing was provided, violating principles of natural justice.

Failure to Provide Opportunity for Filing Reply and Personal Hearing:
The respondent contended that despite uploading the notice on the web portal, the petitioner did not attend the personal hearing. However, the respondent assured compliance with any order from the Court. The Court noted the lack of physical service of notices and absence of reply or personal hearing opportunities for the petitioner.

Setting Aside the Impugned Order:
The Court found that the petitioner's reasons for being unaware of the uploaded notice were genuine. It emphasized that no order can be passed without sufficient opportunities for the petitioner. As a result, the impugned order dated 25.05.2023 was set aside, and the matter was remitted back to the respondents for the petitioner to file a reply within 21 days and for the respondent to dispose of the matter after providing adequate opportunities.

Conclusion:
The Court set aside the impugned order, directing the petitioner to file a reply within 21 days and the respondent to provide sufficient opportunities for the petitioner. The writ petition was disposed of with no costs, and the connected miscellaneous petition was closed accordingly.

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