Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:112268 Court No. - 33 Case :- WRIT - C No. - 22133 of 2025 Petitioner :- Manoj Kumar Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Rahul Mishra,Saroj Kumar Yadav Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Prakash Padia,J.
1. The order dated 28.03.2025 passed by the District Magistrate, Jaunpur/District Pragramm Co-ordinator (MANREGA)/respondent No.2 is under challenge by which a direction was given to recover a sum of Rs.98,859.33/- from the petitioner.
2. It is argued by learned counsel for the petitioner that the order impugned has been passed in a mechanical way and without conducting any inquiry in terms of the Mahatma Gandhi National Rural Employment Guarantee Act 2005 (In short "MGNREGA Act, 2005). It is argued that though before passing the aforesaid
order, opportunity of hearing was given but without considering he reply submitted by the petitioner, by way of a non-speaking order, aforesaid direction was given and this fact is also clear from perusal of the order impugned.
3. Heard learned counsel for the parties and perused the record.
4. From perusal of the order dated 28.02.2025 passed by the respondent No.2, the Court is more than prima facie satisfied that the order impugned has been passed in complete violation of the provisions contained MGNREGA Act, 2005 as well as the aforesaid order is a non-speaking order and the same has been passed in complete violation of principles of natural justice.
6. In this view of the matter, the Court is of the opinion that the
order dated 28.03.2025 passed by the respondent No.2/ District Magistrate,
Jaunpur/District
Pragramm
Co-ordinator (MANREGA) is treated as notice and the petitioner is directed to submit his reply raising all his legal and factual aspect of the matter which has been raised in the present petition along with certified copy of this order within four weeks from today before the respondent No.2. In case, the petitioner does so, the respondent No.2 is directed to pass appropriate orders in the matter after providing opportunity of hearing to the petitioner by way of personal hearing withing two months thereafter.
7. For a period of four months, no coercive action will be taken against the petitioner.
Order Date :- 14.7.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad