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2025 DAILYLAW 181735 (ALL)

UDAL v. STATE OF U.P. THRU. SECY. DEPTT. OF REVENUE U.P. LKO. AND 3 OTHERS

WRIC/11949/2025 · 2025-12-17

Manjive Shukla, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11949 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial relief(s): "i. Issue a Writ, order or direction in the nature of Certiorari quashing and setting aside the impugned recovery notice R.C. Form-36 dated 29/10/2025 of Rs. 1,68,000/- (Rupees One Lakh Sixty Eight Thousand only) issued to the Petitioner by the Respondent No. 4 i.e. Learned Tehsildar, Colonelganj, Gonda under Uttar Pradesh Revenue Code, 2006 with respect to agricultural machines viz. Laser Land Leveler and Rotavator purchased by the Petitioner on 21/01/2021 (as contained in Annexure-1); Issue a Writ, order or direction the nature of Mandamus thereby directing the Respondent No. 4 to not act upon the impugned recovery notice R.C. Form-36 dated 29/10/2025 of Rs. 1,68,000/- (Rupees One Lakh Sixty Eight Thousand only) issued to the Petitioner by Learned Tehsildar, Colonelganj, Gonda under Uttar Pradesh Revenue Code, 2006 with respect to agricultural machines viz. Laser Land Leveler and Rotavator purchased by the Petitioner on 21/01/2021, during the pendency of the present Writ Petition, in the interest of justice;" Versus Counsel for Petitioner(s) : Purnima Mayank Counsel for Respondent(s) : C.S.C. Udal .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Revenue U.P. Lko. And 3 Others .....Respondent(s) 3. Upon perusal of the documents, it appears that the recovery certificate was issued by the respondent authority without granting an opportunity of hearing to the petitioner. 4. In light of the same, the recovery certificate is quashed and set aside with a direction upon the respondent authorities to grant an opportunity of hearing to the petitioner, and thereafter, pass a reasoned order in accordance with law. 5. With the above directions, the writ petition is disposed of. December 17, 2025 Ashutosh WRIC No. 11949 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench