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2025 DAILYLAW 41795 (ALL)

SMT. SAROJ v. STATE OF U.P. AND 4 OTHERS

WRIC/11131/2025 · 2025-04-15

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55469 Court No. - 33 Case :- WRIT - C No. - 11131 of 2025 Petitioner :- Smt. Saroj Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anjul Dwivedi,Sai Girdhar,Vandana Mishra Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Prakash Padia,J. 1. Petitioner has preferred the present writ petition inter-alias with the prayer to quash the notice dated 13.02.2024 passed by the Respondent No. 3 namely District Panchayat Raj Officer, Varanasi as well as impugned recovery certificate dated 28.09.2024 issued by the respondent no. 3 by which a direction was given by him to the Additional District Magistrate, Finance and Revenue, Varanasi to recover sum of Rs. 80,167.50/- along-with 12 % interest from the petitioner as land revenue. 2. It is argued that impugned show cause notice issued to the petitioner under Section 256 of U.P. Gram Panchayti Raj, Adhiniyam, 1947, in which petitioner was prima facie found guilty of embezzlement of certain amount, but at the same time petitioner was directed to deposit a sum of Rs.80,167.50/- along with 12% interest. It is further argued that from the show cause notice, no direction can be issued to deposit any amount coupled with this fact that the petitioner is prima facie found guilty of embezzlement, therefore, impugned order dated 13.02.2024 is bad and is liable to be set aside. He also placed reliance upon the judgment and order dated 16.12.2024 passed by the Coordinate Bench of this Court in Writ A No. 20029 of 2024 (Vinod Kumar Chaudhary vs. State of U.P. and 3 others), copy of which is appended as Annexure-3 to the writ petition. 3. On the other hand it is argued by the learned Standing Counsel that the present writ petition filed only against the show cause notice and in case the petitioner is aggrieved against the averments made in the aforesaid show cause notice, he is free to submit his reply. 4. Heard counsel for the parties and perused the record. 5. With the consent of the counsel for the parties, the present writ petition is disposed of finally permitting the petitioner to submit a reply to the show cause notice dated 13.02.2024 before the Respondent No. 3. If such reply is filed within a period of three weeks from today, Respondent No. 3 is directed to look into the matter and pass appropriate orders strictly in accordance with law within a period of six weeks thereafter. 6. For a period of 3 months from today or till the time the decision is taken in the matter, no coercive action shall be taken against the petitioner pursuant to the show cause notice dated 13.02.2024. Order Date :- 16.4.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad