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2026 DAILYLAW 5723 (ALL)

HARVEER SINGH v. STATE OF U.P. AND 5 OTHERS

WRIC/35579/2026 · 2026-09-08

Saurabh Shyam Shamshery

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35579 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard learned counsel for the parties. 2. Petitioner was a Pradhan from 2020 to 2025. 3. After the petitioner's tenure was over, proceedings were purportedly initiated under Section 95(1)(g) of U.P. Panchayat Raj Act, 1947 and some notices were also issued and subsequently a recovery citation was issued to recover Rs. 4,12,717/- on the ground of alleged embezzlement. 4. Learned counsel for the petitioner submits that in order to pass an order of recovery, there must be a specific order under Section 26 of "Act of 1947" and the Rules framed thereunder. However, from the contents of citation, there is no reference of any such order. 5. Otherwise also, Court finds that a notice was issued on 27.05.2026, disclosing audit objection and a reply was sought from the petitioner. Petitioner has filed reply dated 17.08.2026, therefore, concerned respondent ought to have passed an order on basis of material available as required under Section 27 of the Act. However, no such order was passed as reflected in the impugned citation, therefore, a case for interference is made out. 6. Accordingly, impugned citation 20.07.2026 is hereby quashed. However, this order will not come in the way if State respondent passes an order under Section 27 of the Act read with Rule 258 of Rules framed therein if already not passed and in case it has already been passed, a copy of the same be Versus Counsel for Petitioner(s) : Dharmendra Kumar Mishra, Rohit Kumar Sharma Counsel for Respondent(s) : C.S.C. Harveer Singh .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) supplied to the petitioner for further proceedings. 7. With aforesaid observation and direction, this writ petition is disposed of. September 9, 2026 N. Sinha WRIC No. 35579 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad