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Neutral Citation No. - 2025:AHC:115817 Court No. - 33 Case :- WRIT - C No. - 22721 of 2025 Petitioner :- Geeta 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 Prakash Padia,J.
1. The recovery certificate dated 09.10.2024 issued by the District Panchayat Raj Officer, Varanasi/ Respondent No. 3 as well as the recovery citation issued by the Respondent No. 4 namely Tehsildar, Sadar, District Varanasi dated 01.07.2025 are under challenge.
2. It is stated in the order dated 09.10.2024 that pursuant to the report dated 14.07.2017 submitted by the District Audit Examination Officer (Cooperative Societies and Panchayat), Varanasi, it was found that certain irregularities were committed of the sum of Rs.3,03,000/- in the year 2015-16. Pursuant to the aforesaid, notice was issued to the petitioner who was Gram Pradhan at the relevant time. It is further stated in the aforesaid
order that since no reply was submitted by the petitioner, the decision was taken to recover 50% of the aforesaid amount from the petitioner i.e., Rs.1,51,000/-.
3. It is argued that the recovery proceedings could not be initiated after expiry of more than four years. He placed reliance upon Writ C No. 6170 of 2025 (Lalchand Vishwakarma vs. State of U.P. and 3 others) passed on 03.03.2025.
4. It is admitted by the learned Standing Counsel that controversy involved in the present writ petition is absolutely identical.
5. In this view of the matter, the writ petition is disposed of with liberty to the petitioner to submit the documents for removal of audit objection before the District Panchayat Raj Officer, 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 impugned recovery would be subject to decision afresh by District Panchayat Raj Officer, Varanasi.
Order Date :- 17.7.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad