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2025 DAILYLAW 95552 (ALL)

JATAI LAL v. STATE OF U.P. AND 5 OTHERS

WRIA/13709/2025 · 2025-09-11

Saurabh Shyam Shamshery

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13709 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. Heard Ms.Priya Chandra, Advocate holding brief of Sri Nanhe Lal Tripathi, learned counsel for petitioner and Ms. Archana Tyagi, learned A.C.S.C. for State. I find substance in the argument of learned counsel for petitioner that recovery from the excess amount paid was passed at the back of petitioner without giving an opportunity of hearing, therefore, impugned order is set aside and concerned respondent is directed to pass fresh order after giving an opportunity of hearing to petitioner, taking note of judgment passed by Supreme Court in State of Punjab Vs. Rafiq Masih (White Washer) and others, (2015) 4 SCC 334. Accordingly, writ petition is disposed of with aforesaid observation. September 12, 2025 P. Pandey Versus Counsel for Petitioner(s) : Arun Kumar Nishad, Nanhe Lal Tripathi Counsel for Respondent(s) : C.S.C. (Saurabh Shyam Shamshery,J.) Jatai Lal .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad