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2026 DAILYLAW 7871 (UTT)

SACHIN NAUTIYAL v. STATE OF UTTARAKHAND

WPMS/466/2024 · 2026-07-08

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010019502024 2026:UHC:5574 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/397/2024 Ashok Kumar --Petitioner Versus State of Uttarakhand and others --Respondents With WPMS/489/2024 WPMS/492/2024 WPMS/466/2024 Hon’ble Manoj Kumar Tiwari, J. Mr. B.S. Adhikari, Advocate for the petitioners. Mr. Yogesh Pande, Deputy Advocate General assisted by Mr. Devendra Pant, Standing Counsel for the State. 2. Since common questions of facts and law are involved in these petitions, therefore, these are being heard and decided together by this common judgment. 3. All the petitioners have challenged the order dated 23.09.2023 passed by Block Development Officer, Khanpur, Haridwar, which provides for recovery of certain amount from the petitioners. Perusal of impugned order reveals that recovery has been ordered on the ground that irregular payment was made by petitioners to the labourers. 4. This Court granted interim orders providing that if petitioners deposit 50% of the amount demanded from them by impugned order, under protest, with Block Development Officer, Khanpur UKHC010019502024 2026:UHC:5574 then effect and operation of the impugned order shall remain stayed. 5. Learned counsel for the petitioners submits that the Ombudsman has now been appointed under Section 27 of National Rural Employment Guarantee Act, 2005 and Ombudsman is competent to examine the issues involved in these writ petitions. He therefore submits that writ petitions be disposed of by permitting petitioners to approach the Ombudsman, challenging impugned recovery orders. 6. Learned State Counsel submits that he has no objection if writ petitions are disposed of in terms of prayer made by petitioners’ counsel. 7. The writ petitions are, accordingly, disposed of with liberty to petitioners to approach the Ombudsman appointed under Section 27 of aforesaid Act. If petitioners file application before the Ombudsman within 10 days, decision thereupon shall be taken, as per law, as early as possible. 8. For a period of two weeks, no coercive action shall be taken against the petitioners pursuant to impugned recovery orders. The 50% amount deposited by petitioners in terms of interim orders passed by this Court, shall abide by decision to be taken by the Ombudsman. (Manoj Kumar Tiwari, J.) 08.07.2026 Mahinder/ UKHC010019502024 2026:UHC:5574