SHERA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri K.P. Singh Kaushal, learned Counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Arun Kumar Srivastava, learned Counsel for the gaon sabha. This writ petition has been filed for issuing a writ of certiorari quashing the order dated 7.8.2006 passed by Sub -Divisional Officer, Tehsil Chandpur, District Bijnore.

(2.) IT is contended by the learned Counsel for the petitioner that the aforesaid order has been passed without affording an opportunity of hearing before passing the impugned order.

(3.) THE Apex Court in Whirlpool Corporation v. Registrar of Trade Marks, : 1998 (8) SCC 1 has held that in case the order is without jurisdiction or the same has been passed in breach of principles of natural justice, the writ petition should not be thrown on the ground of alternative remedy, therefore, the writ petition is entertained.