Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:7682
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 871 of 2025 1 - Harish Kumar Kawre S/o Late Shri K. Potti Kawre Aged About 39 Years Occupation- Business (Contractor), R/o Quarter No. H- 29, G.A.D. Colony, Avarabhatha, Dantewada, District Dantewada, Chhattisgarh. ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Chhattisgarh State Animal Husbandry Development Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - The Director Directorate Of Veterinary Services, Indravati Bhawan, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 3 - The Collector South Bastar-Dantewada, District South Bastar- Dantewada, Chhattisgarh. 4 - The Deputy Director, Veterinary Services, South Bastar-Dantewada, SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.13 22:27:16 +0530
2 District
South
Bastar-Dantewada,
Chhattisgarh. 5 - The Tahsildar Dantewada District South Bastar-Dantewada, Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Siddharth Pandey, Advocate. For Respondents/State : Shri Satish Gupta, Govt. Advocate. Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board 13.02.2025
1. By the present writ petition, the petitioner is questioning the order dated 23.01.2025, by which the Collector has directed the Tehsildar for recovery of Rs. 70.68 Lakhs from the petitioner, pursuance to the
communication
of
Deputy
Director,
Vetrinary Services/respondent no. 4, by which the respondent no. 4 has requested the Collector for recovery of Rs. 70.68 lakhs from the petitioner, as the petitioner failed to produce the work completion certificate and photographs in the ofÏce of the Deputy Director towards the work and advance released to the petitioner during the year 2021-22 from the DMF fund of District Dantewada. 2. Learned counsel for the petitioner would submit that the Deputy Director/respondent no. 4 has requested the Collector for recovery of Rs. 70.60 lakhs from the petitioner without providing any opportunity of hearing to the petitioner and the petitioner though wish to explain the allegation levelled against him, but the Deputy Director was not inclined to accept the explanation which was being
3 given by the petitioner and ultimately passed the order of recovery and pursuance to the said the notice under the revenue proceeding for recovery of amount has been issued by the Tehsildar vide (Annexure P/4) dated 28.01.2025. 3.
Learned counsel for the State on instruction would submit that the communication of the Collector dated 23.01.2025 issued to the Tehsildar is very clear where the petitioner failed to produce certified copy of photographs and work completion certificate and only produce the measurement book to the Deputy Director, in spite of the repeated notice issued to the petitioner, hence the order directing recovery of Rs. 70.68 lakhs is just and proper and there is no illegality committed by the Deputy Director/respondent no. 4. 4. I have heard both the counsels for the parties and perused the pleading as well as the communication dated 23.01.2025 (Annexure P/3) by which the Collector has directed the Tehsildar to recover the amount as stated by the Deputy Director from the petitioner by issuance of a revenue recovery certificate. From perusal of the Communication of the Collector, it appears that the petitioner failed to produce the document relating to the work done by him i.e. the certified photograph and work completion certificate, however the petitioner only place the measurement book before the respondent no. 4. As per the learned counsel for the petitioner that though the petitioner was inclined to explain the grievance raised by the Deputy Director, but the same was not taken care of and even not accepted by the Deputy Director and straightway the recovery order has been passed by requesting the Collector for recovery of the afore-stated
4 amount from the petitioner, hence it is directed that the petitioner may approach the Deputy Director/respondent no.
4 within a period of 10 days along with all requisite document which are stated in the communication of the Collector i.e. certified photographs, work completion certificate before the Deputy Director and on the event of submission of such document by the petitioner, the Deputy Director shall pass a detail order considering all the explanation and document submitted by the petitioner within a further period of 10 days from receipt of such document. Till the decision of the Deputy Director, no coercive steps shall be taken against the petitioner. 5. With the aforesaid direction, the writ petition is disposed of. Sd/-
(Bibhu Datta Guru) Judge Shoaib