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2025 DAILYLAW 95590 (ALL)

AJAY KUMAR SINGH AND ANOTHER v. THE STATE OF UTTAR PRADESH AND 4 OTHERS

WRIA/13708/2025 · 2025-09-11

Saurabh Shyam Shamshery

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13708 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Pradeep Singh Sengar, learned counsel for petitioners and Sri P.K. Shahi, learned A.C.S.C. for State. 2. I find that there is a substance in the argument of learned counsel for petitioners that without any allegation of fraud, recovery in regard to excess payment towards A.C.P. without giving an opportunity of hearing could not be sustainable specifically in the light of judgment passed by Supreme Court in State of Punjab Vs. Rafiq Masih (White Washer) and others, (2015) 4 SCC 334. Therefore, impugned order dated 23.01.2025 is set aside and matter is remitted to concerned respondent to pass a fresh order after giving an opportunity of hearing. 3. Accordingly, writ petition is disposed of with aforesaid observation. September 12, 2025 P. Pandey Versus Counsel for Petitioner(s) : Pradeep Singh Sengar Counsel for Respondent(s) : C.S.C. (Saurabh Shyam Shamshery,J.) Ajay Kumar Singh And Another .....Petitioner(s) The State Of Uttar Pradesh And 4 Others .....Respondent(s) Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad