Neutral Citation No. - 2025:AHC:74989 Court No. - 33 Case :- WRIT - C No. - 33772 of 2024 Petitioner :- Ganesh Ahir Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajeet Singh,Himanshu Singh Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Prakash Padia,J. 1. Earlier on 15.10.2024 following order was passed by this Court :- "1. Heard learned counsel for the parties. 2. The present writ petition has been filed by the petitioner seeking the following reliefs: "i. issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 13.09.2024 passed by respondent no. 2 District Panchayatraj Officer, District Chandauli, whereby the petitioner has been directed to deposit half of sum of Rs. 1,78,000/-. (Annexure No. 1 to the writ petition). ii. issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 District Panchayatraj Officer, District Chandauli, to provide opportunity of hearing." 3. Learned counsel for the petitioner submits that an order has been passed against the petitioner for recovery of amount of Rs. 89000/- in respect of the objection in the audit report. Learned counsel for the petitioner submits that the aforesaid recovery has been made without giving opportunity of hearing to the petitioner. Learned counsel for the petitioner submits that the petitioner as a mark of bonafide is ready to deposit the sum of Rs. 89000/- with the Registrar General of this Court without prejudice the merits of the case and the same may be kept in a fixed deposit account. 4. In view of the statement made by learned counsel for the petitioner, the petitioner may deposit the amount of Rs. 89000/- with the Registrar General of this Court within two weeks from today. 5. In the event, the aforesaid amount is deposited, the Registrar General of this Court is directed to keep the same in a fixed deposit account bearing interest in a nationalized bank with auto renewal. 6. On deposit of the aforesaid amount as directed by this Court, the impugned recovery order dated 13.09.2024 passed by respondent no. 2 District Panchayatraj Officer, District Chandauli shall remain stayed, however, in the event the amount is not deposited the respondents would be at liberty to proceed in accordance with law. 7. Learned Standing Counsel prays for and is granted two weeks' time to file counter affidavit. 8. List this case on 06.11.2024." 2. Pursuant to the aforesaid order, a sum of Rs.89,000/- was deposited by the petitioner with the Registrar General of this Court. As per office report fixed deposit of aforesaid amount has already been made on 28.10.2024. 3. Today when the matter is taken up, it is informed by counsel for the petitioner that the order dated 13.09.2024 passed by the respondent no.2, District Panchayat Raj Officer, District Jaupur has already been recalled hence petitioner does not want to press present writ petition. It is further argued that the amount deposited with the Registrar General of this Court vide order dated 15.10.2024 be refunded. 4. This prayer has not been opposed by the counsel for the respondents. 5. In this view of the matter, present writ petition is dismissed as having become infructuous. 6. The amount so deposited by the petitioner pursuant to the order passed by this Court be remitted back to him within two weeks from the date of presentation of certified copy of this order before the Registrar General of this Court. Order Date :- 8.5.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad