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2025 DAILYLAW 132370 (ALL)

KANHAIYA LAL YADAV v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYAT RAJ LKO. AND 10 OTHERS

WRIC/4152/2025 · 2025-05-05

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26262-DB Court No. - 2 Case :- WRIT - C No. - 4152 of 2025 Petitioner :- Kanhaiya Lal Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Panchayat Raj Lko. And 10 Others Counsel for Petitioner :- Sudhir Kumar Misra,Abhilash Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. It is said that the petitioner was granted some financial assistance under the Chief Minister Awas Yojna. The petitioner claims to have built a house based on such financial assistance. However, subsequently, on an enquiry being held, it was found that the petitioner was ineligible for such financial assistance. Consequently, notices have been issued, asking him to deposit the entire amount. The proper course in such a matter is to confront the petitioner with all the evidence which may have been collected against him, based on which he has been found ineligible and the money already given to the petitioner which has been utilized by him is sought to be recovered, thereafter, consider the objections / explanation, if any, by the petitioner, and take a decision in the matter. On a reading of the notices, we do not find this procedure as having been adopted. We, therefore, provide that all these notices would be treated as show cause notices. The petitioner would respond to the same within a period of three weeks. Thereafter, a decision shall be taken by the competent authority as to whether any money is recoverable from the petitioner or not, after considering the explanation, if any, offered by the petitioner. If no explanation is offered, then it shall be open for the concerned opposite party to pass an order, as aforesaid. We make it clear that if this exercise has already been completed, then, of course, the situation would be different. Till such exercise is completed, the impugned notices shall remain in abeyance. The writ petition is disposed of in the aforesaid terms. Order Date :- 5.5.2025/Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench