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2025 DAILYLAW 22287 (ALL)

HARSHIT AGARWAL v. STATE OF U.P. AND 3 OTHERS

WRIA/2466/2025 · 2025-02-26

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27214 Court No. - 7 Case :- WRIT - A No. - 2466 of 2025 Petitioner :- Harshit Agarwal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurav Sisodia Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present writ petition inter-alia with the following prayer:- "I. A writ, order or direction in the nature of certiorari quashing the impugned order dated 15.01.2025 issued by respondent no. 3 whereby a recovery of Rs. 45,563/- has been directed to recover from the petitioner. II. A writ order or direction in the nature of Mandamus commanding the respondents not to take any coercive action against the petitioner in pursuance to impugned order dated 15.01.2025 passed by respondent. n. 3." 2. It is argued that before passing the aforesaid order no notice and opportunity has been provided to the petitioner. 3. Heard counsel for the parties and perused the record. 4. From perusal of the record, it is clear that before passing the order by the Executive Engineer Laghu Sichai Khand, Bareilly, by which a direction was given to recover a sum of Rs. 45,563/-, no notice or opportunity is provided to the petitioner. 5. In this view of the matter, since the order of recovery was passed without providing any notice or opportunity to the petitioner is complete violation of principles of natural justice, the order impugned dated 15.01.2025 issued by respondent no. 3/Executive Engineer Laghu Sichai Khand, Bareilly, is liable to set aside and is hereby set aside. 6. In view of above, the writ petition is allowed. 7. It is made clear that this order will not be restrained the respondents to initiate the fresh proceedings against the petitioner. Order Date :- 27.2.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad