Heard Sri A.M. Tripathi, learned counsel for the petitioner.
Notices on behalf of opposite parties have been accepted by the office of the learned Chief Standing Counsel.
By means of this writ petition, the petitioner has assailed the order dated 20.09.2018, passed by the District Development Officer, Faizabad, whereby the recovery of Rs.22,500/- has been directed against the petitioner.
As per the aforesaid order, Rs.5000/- per month is to be realized in four installments and 5th installment would be of Rs.2,500/-.
Learned counsel for the petitioner has submitted that the petitioner has preferred a detailed representation to the competent authority apprising each facts and circumstances in detail before issuance of the impugned order, but the impugned order has been passed without considering the submissions of the petitioner.
Learned counsel for the petitioner has also submitted that total amount, which was to be recovered was Rs.45,000/-, and half of Rs.22,500/- was to be recovered from the petitioner and half of the amount Rs.22,500/- was to be recovered from the Village Pradhan of Village Panchayat-Askaranpur, Block-Bikapur, District-Faizabad. The petitioner has annexed the order dated 11.09.2018, which is contained as Annexure No.4 to the writ petition, which was issued against the Village-Pradhan.
Learned counsel for the petitioner has drawn attention of this Court towards order dated 01.10.2018 passed by this Court in Writ Petition No.27809 (M/S) of 2018; Janki Devi vs. State of U.P. & others, whereby the recovery order issued against the Village Pradhan has been stayed by this Court.
Per contra, learned Additional Chief Standing Counsel has submitted that the recovery order has been issued by the authority concerned considering the eacch facts and circumstances of the issue in detail, therefore, it should not be interfered with.
Learned Additional Chief Standing Counsel prays for and is granted two weeks' time to file the counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
List this petition in the week commencing 19.11.2018 as fresh.
Till the next date of listing, the operation of the impugned order dated 20.09.2018, which is contained as Annexure No.1 to the writ petition, is stayed.
Order Date :- 11.10.2018 Suresh/ [Rajesh Singh Chauhan,J.]