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2025 DAILYLAW 81250 (ALL)

SATENDRA KUMAR SINGH v. DISTRICT MAGISTRATE DISTRICT- CHANDAULI AND 5 OTHERS

WRIC/25425/2025 · 2025-08-11

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137045 Court No. - 33 Case :- WRIT - C No. - 25425 of 2025 Petitioner :- Satendra Kumar Singh Respondent :- District Magistrate District- Chandauli And 5 Others Counsel for Petitioner :- Archana Singh,Saurabh Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present petition with the following prayers:- A. Issue, a writ, order or direction in the nature of certiorari quashing the impugned order dated 26-03-2025 (Annexure no.13) passed by respondent no.1/ District Magistrate, Dist-Chandauli. B. Issue, a writ, order or direction in the nature of certiorari quashing the impugned Recovery Citation Rorm-36 dated 30-01-2024 and Recovery Citation Rorm-41 dated 11-04-2025 (Annexure no.9) issued in pursuance of order dated 25-04-2023 under section 27 of U.P. Panchayat Raj Act 1947 passed by District Magistrate. 2. Pursuant to the order passed by this Court, Instructions dated 10.08.2025 received under the signatures of District Magistrate, Chandauli placed before the Court, the same is taken on record. 3. On the basis of the aforesaid Instructions, it is argued by Sri Kartikeya Saran, learned Additional Advocate General assisted by Sri Dharmendra Prasad Singh, learned Additional Chief Standing Counsel that the order dated 26.03.2025 had been recalled by the respondent No.1/District Magistrate, Chandauli itself vide order dated 08.03.2025, copy of the same has been appended along with the Instructions as Annexure No.13 (Page 23 of the Instructions), therefore, the present petition insofar as prayer No.1 is become infructuous. 4. In this view of the matter, the present petition insofar as prayer No.1 is being dismissed as having become infructuous. 5. Insofar as prayer No.2 is concerned, it is argued by Sri Kartikeya Saran, learned Additional Advocate General that since the order dated 26.03.2025 itself recalled, the recovery citation issued pursuant to the aforesaid orders are also recalled and the respondents will initiated fresh proceedings against the petitioner from the stage of notices dated 14.11.2022 and 03.04.2023. 6. In this view of the matter, the present petition is disposed of permitting the respondents to initiate fresh proceedings from the stage of notices dated 14.11.2022 and 03.04.2023. Order Date :- 12.8.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad