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2025 DAILYLAW 84367 (ALL)

HETRAM SAGAR @ HETRAM v. STATE OF U.P. AND 2 OTHERS

WRIC/26636/2025 · 2025-08-07

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134587 Court No. - 33 Case :- WRIT - C No. - 26636 of 2025 Petitioner :- Hetram Sagar @ Hetram Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adarsh Bhushan,Ishwar Chandra Tyagi Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present petition inter alia with the following prayer:- "(i) Issue a writ, order or direction in the nature of Certiorari quashing impugned Recovery order dated 19/21.06.2025 passed by the District Magistrate, Bareilly (Annexure No.4 to the writ petition) so far as it relates to the Petitioner." 2. The proceeding of recovery has been initiated against the petitioner on the basis of a complaint made by Sri Hardawri Lal and others for some plantation work. 3. It is argued by learned counsel for the petitioner that in response to the show- cause notice, a reply was duly submitted by the petitioner but without considering the same the impugned order has been passed. It is further argued that complete procedure has been prescribed under Section 27 of the U.P. Panchayat Raj Act, 1947 read with Rules 256 & 257 of the U.P. Panchayat Raj Rules, 1947 but without following the procedure, the respondent no.2 has passed the impugned order. Counsel for the petitioner has also placed reliance upon the law laid down by the Division Bench of this Court in Writ-C No.28230 of 2022 (Dinesh Kumar and 4 Others vs. State of U.P. and 3 Others) on 16.12.2022. 4. This fact is also admitted by learned Standing counsel. 5. In this view of the matter, since the procedure was not followed by the respondent no.2 while passing the order impugned, the impugned order is liable to be set-aside and hereby set-aside. Accordingly, the present petition is allowed. 6. It is made clear that this order will not restrained the respondent-authority to pass fresh order, if so advised. Order Date :- 8.8.2025 S.K. Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad