Court No. - 21
Case :- WRIT - C No. - 35604 of 2018 Petitioner :- Arvind Rai Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Shailendra Kumar Rai,Brijesh Chandra Tripathi Counsel for Respondent :- C.S.C.,Rajesh Kumar Yadav Hon'ble Govind Mathur,Acting Chief Justice Hon'ble Chandra Dhari Singh,J.
Vakalatnama has been filed today in Court by Sri Nripendra Mishra, learned counsel for the respondent no. 4 and the same is taken on record.
This petition for writ is preferred to have an appropriate writ, order or direction to quash the recovery certificate dated 20th September, 2018 issued under Sub-Rule 3 of Rule 141 of the Uttar Pradesh Revenue Code Rules, 2016 by respondent- Tehsildar, Tehsil Yusufpur, District- Ghazipur.
As per the petitioner, the amount due is only in tune of Rs. 4,32,957/- but the recovery certificate has been issued for excessive amount though giving any details thereof. The petitioner before approaching this Court submitted the representation to the Secretary Agriculture Produce Marketing Committee on 10th August, 2012. The representation aforesaid is yet pending consideration.
Having considered all facts of the case, we deem it appropriate to dispose of this petition for writ by directing the respondents to consider and decide the representation submitted by the petitioner within a period of two months from today provided the petitioner deposits a sum of Rs. 4,33,000/- with the Secretary Agriculture Produce Marketing Committee Yusufpur, District- Ghazipur within a period of one month from today. The secretary while considering the representation submitted by the petitioner shall provide an opportunity of personal hearing to the petitioner and shall also supply the statement of details on basis of which the dues have been determined.
Till disposal of the representation no effect shall be given to the recovery certificate.
With the directions as above, the writ petition stands disposed of.
Order Date :- 26.10.2018 Rameez
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(Chandra Dhari Singh,J.) (Govind Mathur, A.C.J.)