Court No. - 58
Case :- WRIT - A No. - 17886 of 2018 Petitioner :- Anil Kumar Gupta Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashok Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order passed by the Deputy Director, Agricultural, Bulandshahar dated 1.5.2018, whereby a sum of Rs.1,67,885.20/- is sought to be recovered from the petitioner. The order records that the petitioner was posted at the Purchasing Centre, Rajkiya Krishi Beej Bhandar, Pahasu, and that certain quantity of paddy was provided to him which was neither distributed nor was deposited, and its value is sought to be recovered from him.
Learned counsel for the petitioner submits that the order impugned is ex-parte inasmuch as no opportunity of hearing has been afforded to the petitioner before passing the order. It is also state that the left over paddy was duly deposited in the godown, but as no opportunity of hearing was afforded to the petitioner to explain, he could not rebut the charge and could not give the details.
Learned Standing Counsel does not dispute the fact that the petitioner has not been heard in the matter. He, therefore, comes up with the prayer to allow the respondents to re-visit the issue.
In the facts and circumstances, noticed above, this Court finds that the petitioner's explanation that the left over paddy has been duly deposited in the godown has not been considered. Since no opportunity of hearing has been given to the petitioner before passing the order impugned, the order impugned cannot be sustained and is accordingly quashed. The order, however, shall be treated as notice to the petitioner, to which he may submit a reply within a period of one month from today. The authority concerned shall look into the explanation of the petitioner and a fresh decision, in accordance with law, shall be taken within a period of two months thereafter.
Till a fresh order is passed, in accordance with law, as indicated above, no recovery shall be affected from the petitioner.
Order Date :- 23.8.2018 Anil