Court No. - 32
Case :- WRIT - C No. - 3619 of 2006 Petitioner :- Badri Ram Respondent :- State Of U.P. And Others Counsel for Petitioner :- Awadhesh Rai Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing on behalf of respondents .
This writ petition has been filed, inter alia, for the following relief:
" Issue a writ, order or direction in the nature of certiorari quashing the undated recovery certificates issued from the office of respondent no. 2( Annexure- 4,5 and 6 to the writ petition)."
Learned counsel for the petitioner mainly contended that the impugned recovery certificates have been issued by the respondents without affording any opportunity of hearing to the petitioner and therefore the said recovery certificates are bad in the eyes of law and the same, being not sustainable in the eyes of law, are liable to be quashed by this court. He further submits that issuance of the impugned recovery certificates without giving any opportunity of hearing to the petitioners falls within the ambit of breach of principles of natural justice and the same is nothing but an abuse of the Power and authority of the respondents and issuing of such certificates leads to civil consequences.
Learned Standing Council appearing on behalf of the State has not been able to support the impugned recovery certificates.
Accordingly, the writ petition succeeds and is allowed. The impugned notices ( Annexures no.4,5 and 6 to the writ petitin) issued by the respondent no. 2 are hereby quashed. However, it is open to the authority concerned to pass a fresh order in the matter in accordance with law after affording opportunity of hearing to the petitioner.
Order Date :- 30.1.2019 MLK