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2025 DAILYLAW 59347 (ALL)

AWADHESH v. STATE OF U.P. AND ANOTHER

WRIC/15530/2025 · 2025-05-15

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81464 Court No. - 33 Case :- WRIT - C No. - 15530 of 2025 Petitioner :- Awadhesh Respondent :- State of U.P. and Another Counsel for Petitioner :- Arun Kumar Yadav,Prince Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The recovery order dated 18.02.2025 issued by the respondent no.2-District Magistrate, Gorakhpur is under challenge in the present writ petition. Inspite of notice dated 03.02.2024 no reply was submitted by the petitioner hence an order was passed to deposit a sum of Rs.59,847/- otherwise proceedings will be initiated to recover the aforesaid amount. 2. It is stated in paragraphs 6 of the writ petition that at no point of time notice dated 03.02.2024 was received by the petitioner. In paragraph 8 of the writ petition it is stated that neither any enquiry was conducted nor any opportunity of hearing was given to the petitioner as such recovery order dated 18.02.2025 is unjust, improper and bad in the eyes of law. 3. Heard learned counsel for the parties and perused the records. 4. In the facts and circumstances of the case, present writ petition is disposed of permitting the petitioner to submit reply to the notice dated 03.02.2024 to the respondent no.2- District Magistrate, Gorakhpur within a period of three weeks from today. In case if it is so respondent no.2 will take a decision in the matter within a further period of three weeks. 5. For a period of two months or till the time fresh decision is taken by the respondent no.2, no coercive action shall be taken against the petitioner. The recovery order dated 18.02.2025 will be subject to the final outcome of the order passed by the respondent no.2. Order Date :- 16.5.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad