LALCHAND VISHWAKARMA v. STATE OF U.P. AND 3 OTHERS
WRIC/6170/2025 · 2025-03-02
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24637 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24637 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:29088 Court No. - 33 Case :- WRIT - C No. - 6170 of 2025 Petitioner :- Lalchand Vishwakarma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Neelabh Srivastava,Sumit Kumar,Vijai Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. The present writ petition is filed with the following prayer:
"a. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 20.07.2024 passed by Respondent No.3 and recovery citation dated 19.11.2024 issued by the Respondent No.4."
3. Learned counsel for petitioner submits that impugned recovery has been made on account of audit objection arising out of audit report for the financial year 2015-16. Learned counsel for petitioner submits that no opportunity was granted to petitioner although the petitioner has documents, which could remove the objection in the audit report. Learned counsel for petitioner submits that petitioner may be permitted to deposit the same before the audit authority.
4. Learned Standing Counsel has no objection.
5. In view of aforesaid, the writ petition is disposed of with liberty to petitioner to submit the documents for removal of audit objection before the District Magistrate, Varanasi within a period of two weeks' from today. If the aforesaid documents are submitted, the same would be sent to the concerned audit department for evaluation and a report would be called for removal of the objection in the audit report after hearing the petitioner. In the event, the aforesaid documents are not submitted then the respondents would be at liberty to proceed with the recovery in accordance with law. The present impugned recovery would be subject to decision afresh by District Magistrate. Order Date :- 3.3.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad