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Judgment
B.S. Verma, J.—Heard learned Counsel for the parties.
By means of this writ petition, the Petitioners have sought writ in the nature of certiorari calling the record and quashing the order dated 06.12.2010, passed on inquiry report dated 05.12.2010, submitted by City Magistrate (Respondent No. 2) before District Magistrate (Respondent No. 1), in administrate capacity.
This Court, vide order dated 20.12.2010, directed Brief Holder for the State to file order dated 07.12.2010, passed by District Magistrate, Dehradun. Today order dated 07.12.2010 has been produced before the Court. The same be taken on record.
After perusal of the impugned order it appears that some complaints were received by District Magistrate and on its basis, inquiry was initiated against the Petitioner. Thereafter, City Magistrate submitted his report. On receipt of the report submitted by City Magistrate, District Magistrate passed the impugned order and directed Superintendent of Police to close the Petitioner institution with immediate effect and legal action be taken against the Petitioner institution.
Prior to passing order dated 07.12.2010, it was imperative on the part of the District Magistrate to hear the Petitioner as to whether such irregularities have been committed by the Petitioner institution or not.
Learned Counsel for the Petitioner has vehemently contended that no such power is vested with District Magistrate to pass an order under any law.
Prima facie, it appears that the order has been passed in administrative capacity without being given opportunity of hearing to the Petitioners.
Learned Brief Holder for the Respondents prays for and is allowed four weeks'' time to file counter affidavit.
List after winter vacation.
Till the next date of listing, operation of the impugned order dated 07.12.2010, passed by District Magistrate, Dehradun shall remain stayed. (Stay application stands disposed of).