HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35928 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard Ms. Pushpila Bisht alongwith Sri Ashish Malhotra, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The present writ petition has been filed for the following relief : "(i) Issue a writ, order or direction in the nature of Certiorari quashing the order dated 20.01.2025 passed by the respondent no. 2, as referred in the recovery certificate bearing Letter No. 691/Khanij/Audit Bakaya/2024-25 dated 22.02.2025, after summoning the same in original. (ii) Issue a writ, order or direction in the nature of Certiorari quashing the Recovery Certificate bearing Letter No. 691/Khanij/Audit Bakaya/2024-25 dated 22.02.202 for recovery of Rs. 1,80,000/- (Rupees One Lac and Eighty Thousand) issued by respondent no. 3, as contained in Annexure No. 5 to the writ petition. (iii) Issue a writ, order or direction in the nature of Certiorari quashing the Recovery Citation dated 28.08.2025 for recovery of Rs. 1,80,000/- (Rupees One Lac and Eighty Thousand) issued by respondent no. 5, as contained in Annexure No. 6 to the writ petition." 3. We had passed the below quoted order, on 15.10.2025 : "1. Ms. Pushpila Bisht, learned Advocate along with Shri Ashish Malhotra, learned counsel for petitioner has urged that the impugned recovery has not been preceded by service of order dated 20.01.2025 Versus Counsel for Petitioner(s) : Ashish Malhotra Counsel for Respondent(s) : C.S.C. Dilip .....Petitioner(s) State Of Uttar Pradesh And 4 Others .....Respondent(s) giving rise to that recovery and further, in any case, the order dated 20.01.2025 described in the recovery certificate dated 22.02.2025 has not been preceded by any show cause notice to the petitioner. 2. Thus, it has been submitted, the entire demand for the year 2011-12 is ex parte and, therefore, not sustainable in law. 3. Shri Arimardan Singh Rajpoot, learned Additional Chief Standing Counsel prays and is granted a week's time to obtain instructions. 4. Put up as fresh on 29.10.2025. 5. In the meantime, it is expected if any show cause notice or order had been passed by the State authorities, as may have given rise to the impugned recovery, copies of the same together with copies of the order sheet entries may be served on the petitioner not later than 18.10.2025. 6. Till the next date of listing no coercive measure may be adopted against the petitioner as prima facie case is made out." 4. Today, Sri Mukul Tripathi, learned Standing Counsel has made available copy of written instructions received by him. Copy of the same has been marked as 'X' and retained on record. 5. Perusal of the written instructions reveals, according to the appraisal made by the State authority pursuant to the notice of this petition, though the dues are of the year 2011-12, no proceeding was conducted till issuance of the impugned order and Recovery Certificate. Further, the written instructions also do not reveal that any show cause notice or any demand letter was issued to the petitioner before the Recovery Certificate came to be issued. 6. In view of such circumstances, no useful purpose may be served in keeping the present petition pending or calling for a counter affidavit, at this stage. Undeniably, the petitioner has a right to object the recovery and also he may have right to object the recovery on merits of the matter. 7. Accordingly, the order dated 20.01.2025 passed by respondent no.2 and the Recovery Certificate dated 22.02.2025 are set aside. It is however left open to the respondent authorities to proceed in accordance with law WRIC No. 35928 of 2025 2 inasmuch as if they wish to recover from the petitioner any amount for F.Y. 2011-12, they may issue proper notice to the petitioner and invite objections whereafter appropriate may be passed. 8. Present writ petition stands disposed of, with the aforesaid observation. October 29, 2025 Abhilash WRIC No. 35928 of 2025 3 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad