Court No. - 39
Case :- WRIT - C No. - 10883 of 2003 Petitioner :- Banda Education Centre Thru' Secy. Arun Kumar Nigam Respondent :- Banda Development Authority Thru' Secy. & Others Counsel for Petitioner :- Shashi Nandan,Rakesh Kumar Counsel for Respondent :- C.S.C.,S.C. Verma,Sant Ram Sharma
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Shri Rakesh Kumar, learned counsel for the petitioner and Shri Sant Ram Sharma, learned counsel for the respondents no. 1,2 and 3.
The petitioner in the writ petition is seeking quashing of the order dated 25.2.2003 whereby a demand of Rs.21,07,325/- has been made against the petitioner for development and other charges. The impugned order mentions that this charge is based upon an audit report dated 20.9.2002 and though the copy of the same is stated to be attached with the impugned order but it is quite apparent from the reading of the impugned order that no notice or opportunity of hearing has been given to the petitioner or even to meet the various charges sought to be recovered from him.
Learned counsel for the respondents however could not dispute this position that prior to issuance of this notice no opportunity of hearing has been given to the petitioner or even to submit his objection thereto. He has passed on a letter dated 3.11.2018 issued by the Banda Development Authority which states that the impugned order dated 25.2.2003 be recalled and permit the respondents to proceed with the matter afresh after affording opportunity of hearing to the petitioner.
We therefore allow this writ petition and quash the impugned order dated 25.2.2003. The respondents, however, will be at liberty to proceed against the petitioner after giving him an opportunity of hearing or filing objections.
Copy of the letter dated 3.11.2018 passed on to the court is kept on record.
Order Date :- 28.11.2018 o.k.