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Neutral Citation No. - 2025:AHC:113727 Court No. - 33 Case :- WRIT - C No. - 34094 of 2024 Petitioner :- Smt Nemvati Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Akhilendra Singh,Jitender Singh,Prabhat Kumar Singh Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present petition inter alia with the following prayer:-
"i- Issue a writ, order or direction in the nature of certiorari quashing the Recovery certificate dated 31-7-2024 passed by Respondent No.3/District Panchayat Raj Officer District Amroha as well as recovery notice dated 28-6-2024 issued by Respondent No.2/District Magistrate, Amroha whereby amount Rs.4,27,217/- is sought to be recovered from petitioner by resorting to provision of section 27 of the U.P. Panchayat Raj Act 1947 and applicable rules 256 and 257 of the Rules framed there under. (Annexure No.1) to this writ petition."
2. It is argued by learned counsel for the petitioner that impugned recovery notice dated 28.06.2024 issued by District Magistrate, Amroha, which was served upon the petitioner. Insofar as, the recovery certificate dated 31.07.2024 is concerned but the petitioner has refused to accept the same.
3. Heard learned counsel for the parties and perused the record.
4. Considering the facts and circumstances of the case, with the consent of the parties, the present petition is dispose of directing the petitioner to submit a reply to the aforesaid notices before respondent no.2- District Magistrate, Amroha, in response to the recovery notice dated 28.06.2024 within three weeks from today. If, it is so, the District Magistrate, Amroha, is directed to take a fresh decision in the matter within four weeks, thereafter.
5. For a period of two months or till the decision is taken, no coercive action shall be taken against the petitioner. Order Date :- 15.7.2025 S.K. Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad