[2025:RJ-JP:13444] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6166/2008 Devi Sahai Shukla S/o Shri Mangal Prasad Shukla, aged about 50 years, R/o Basant Vihar Colony, Behind Govt. Midway, Thekda, Near Vinayak College, Jaipur Road, Tehsil Mahua, District Dausa. ----Petitioner Versus 1. State of Rajasthan through Director, Panchayati Raj Department, Govt. of Rajasthan Jaipur (Rajasthan) 2. Development Officer, Panchayat, Samiti Mahua, District Dausa. ----Respondents For Petitioner(s) : Mr. Dikshant Jain For Respondent(s) : Mr. Kapil Prakash Mathur-AAG with Mr. Saurabh Sharma JUSTICE ANOOP KUMAR DHAND Order 25/03/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 26.06.2008 passed by the respondents by which the recovery order has been passed against the petitioner whereby he has been directed to deposit a sum of Rs. 2,63,219/-. 2. Counsel for the petitioner submits that the aforesaid order has been passed by the respondents without issuing any notice or without affording any opportunity of hearing to the petitioner. Counsel submits that under these circumstances, the aforesaid act on the part of the respondents amounts to violation of principles of natural justice. [2025:RJ-JP:13444] (2 of 2) [CW-6166/2008] 3. Per contra, counsel for the respondents opposes the arguments raised by the counsel for the petitioner but he is not in a position to controvert the submissions made by counsel for the petitioner. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. Perusal of the impugned order indicates that the respondents have issued recovery order against the petitioner without issuing any notice or without providing any opportunity of hearing to him. 6. It is settled proposition of law that before passing any adverse order against a person, at least an opportunity of hearing must be provided to him but in the instant petition without doing so, straightway the impugned order has been passed, which is not sustainable in the eyes of law and the same amounts to violation of principles of natural justice. 7. In view of the above, the present writ petition stands disposed of by issuing a direction to the petitioner to submit a reply to the order dated 26.06.2008 treating the same as show cause notice. In case, reply of aforesaid is submitted by the petitioner within a period of one month from today, it is expected from the respondents to pass fresh order, after providing due opportunity of hearing to the petitioner. 8. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/78