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2025 DAILYLAW 10346 (ALL)

SANJAY KUMAR v. STATE OF U.P. AND 4 OTHERS

WRIC/2037/2025 · 2025-01-22

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:10712 Court No. - 33 Case :- WRIT - C No. - 2037 of 2025 Petitioner :- Sanjay Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manoj Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Learned counsel for the petitioner submits that by the impugned order dated 12.9.2024 the District Magistrate, Gorakhpur has directed the petitioner to deposit a sum of Rs. 85077.50 along with interest. Learned counsel for the petitioner further submits that the aforesaid order has been passed on the audit objection of the year 2016-17. Learned counsel for the petitioner further submits that petitioner at present is Ex-Pradhan at the relevant point of time and at present the petitioner does not have any documents as the same were already submitted before the authority concerned. Learned counsel for the petitioner further submits that petitioner has already preferred an application for providing various documents in this regard. 2. On a query being made to learned counsel for the petitioner as to why in the year 2016-17 reply to the audit objection was not submitted, learned counsel for the petitioner submits that petitioner was not aware of the audit objection. This is a very serious matter that the elected representative is not aware of the audit objections. In this respect several petitions are coming up before this Court with regard to such objections. The amount that has been objected in the audit report is a public money. 3. At this stage, learned counsel for the petitioner submits that petitioner in order to show his bona fide is ready to deposit Rs. 85077.50 with the District Magistrate, Gorakhpur subject to the documents submitted and the objections may be considered by the District Magistrate, Gorakhpur. Since the petitioner has not filed his objection to the audit report, the petitioner is at liberty to file his objection before the District Magistrate, Gorakhpur after the deposit of the amount as undertaking given before this Court. The amount deposited by the petitioner shall be kept by the District Magistrate, Gorakhpur in a fixed deposit account bearing interest in a nationalized bank and would be subject to the final order passed by the District Magistrate, Gorakhpur. The petitioner would be given hearing by the District Magistrate, Gorakhpur or any other officer authorized by him and the determination shall be made within one month from the filing of the objections. If the amount is deposited, the recovery shall be kept in abeyance till final order being passed by the District Magistrate, Gorakhpur. The deposit of the amount shall be subject to the final determination by the District Magistrate, Gorakhpur. 4. With the aforesaid observation/direction, the writ petition is disposed of. Order Date :- 22.1.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad