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2025 DAILYLAW 105777 (ALL)

AIR FORCE NAVAL HOUSING BOARD AIR FORCE STATION v. State of U.P. AND 3 OTHERS

WRIC/36301/2024 · 2025-04-21

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60130-DB Court No. - 40 Case :- WRIT - C No. - 36301 of 2024 Petitioner :- Air Force Naval Housing Board Air Force Station Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Singh,Ashish Kumar Singh Counsel for Respondent :- Ankit Prakash,C.S.C.,Mohd. Afzal Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard Sri Ashish Kumar Singh, learned counsel appearing on behalf of the petitioner, Sri Gireesh Chandra Tiwari, learned Standing Counsel appearing on behalf of the State-respondents and Sri Ankit Prakash, learned counsel appearing on behalf of UPRERA-respondent. 2. This is a writ petition under Article 226 of the Constitution filed by the petitioner, wherein the following prayer has been made: "a. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities particularly the respondent nos.2 & 3 to de-freeze 29 Bank Accounts of the petitioner wherein an amount of Rs.2.92 crores is deposited and blocked." 3. Learned counsel appearing on behalf the State-respondents has submitted his instructions that indicate that certain amounts are still pending from the petitioner. 4. Per contra, learned counsel appearing on behalf of the petitioner submits that the entire sum of amount has been paid and there appears to be a miscalculation on the part of the authorities. 5. To remove the difficulties, we are of the view that the petitioner should be granted an opportunity of hearing before the District Magistrate, Meerut, being respondent no.2 herein, and should be allowed to make a representation indicating all the payments made by the petitioner with regard to the recovery citations issued against the petitioner. 6. Accordingly, the District Magistrate-respondent no.2 is directed to grant a proper opportunity of hearing to the petitioner, consider the materials to be placed by the petitioner and pass a reasoned order in accordance with law. 7. We make it clear that the representation should be made by the petitioner within seven days from date, hearing should be granted immediately and a reasoned order should be passed within two weeks of presentation of representation by the petitioner. In the event, it is found that certain dues are still pending against the petitioner, the petitioner is directed to deposit the same within a period of seven days from the date of receipt of the reasoned order passed by the District Magistrate. If the petitioner makes the payment of the balance amount, if any, the accounts of the petitioner should be de-freezed in accordance with law. 8. With the above observation and directions, present petition stands disposed of. Order Date :- 22.4.2025 RKK/- (Dr Y K Srivastava, J) (Shekhar B Saraf, J) Digitally signed by :- RAJ KUMAR KANNAUJIA High Court of Judicature at Allahabad