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2026 DAILYLAW 5795 (ALL)

SMT. HUSN ARA v. STATE OF U.P. AND 4 OTHERS

WRIC/35556/2026 · 2026-09-08

Saurabh Shyam Shamshery

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35556 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard learned counsel for petitioner and learned Standing Counsel for State. 2. The petitioner was a Pradhan from 2010 to 2015 and proceedings u/s 27 of U.P. Panchayat Raj Act, 1947 r/w Rule 257 of U.P. Panchayat Raj Rules, 1947 were initiated after five years and admittedly, proceedings were concluded ex-parte. 3. It is case of petitioner that notice was not served upon petitioner. 4. Taking note of above submissions and considering that petitioner was not provided proper opportunity of hearing and she was not able to submit reply to notice, therefore, petitioner is prejudiced and, therefore, impugned order of recovery dated 16.5.2026 of Rs.3,34,392/- is set aside. 5. However, this order will not come in the way if a fresh notice is issued to petitioner u/s 27 of said Act r/w Rule 257 and 258 of said Rules taking note of limitation provided under said provisions. 6. Writ petition stands disposed of with above observations. September 9, 2026 SB Versus Counsel for Petitioner(s) : Arvind Kumar Rai, Jitendra Kumar Yadav Counsel for Respondent(s) : C.S.C. (Saurabh Shyam Shamshery,J.) Smt. Husn Ara .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad