Court No. - 35 Case :- WRIT - A No. - 17819 of 2021 Petitioner :- Bhupendra Kashyap Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ranjeet Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner has preferred the present writ petition with the following prayer:-
"(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 26.06.2020 passed by District Panchayat Raj Officer, Amroha whereby a sum of Rs.2,45,394 was directed to be recovered from the petitioner as surcharge under the provision of 27 of the U.P. Panchayat Raj Act, 1947 along with the entire proceeding."
It appears from perusal of the record that a letter/notice dated 11.12.2019 was issued under the caption "Show Cause Notice" by the respondent no.3 to show cause but by the aforesaid letter, the petitioner was also directed to deposit a sum of Rs.2,45,394.00/-. It is stated in paragraph 7 of the supplementary affidavit that the reply to the aforesaid letter/show cause notice was given by the petitioner on 29.07.2021 but till date no decision has been taken on the same.
Heard learned counsel for the parties.
With the consent of learned counsel for the parties, this writ petition is disposed of directing the petitioner to submit fresh reply to the aforesaid show cause notice as well as subsequent show cause notice dated 26.06.2020 before the respondent no.3 within a period of three weeks from today. If such a reply is filed within the stipulated period, the respondent no.3 is directed to pass appropriate orders within a period of three months from today after providing opportunity of hearing to the petitioner.
Counsel for the petitioner is directed to place certified copy of this order before the concerned authority within a period of one week from today.
Till the decision taken on the aforesaid reply, no recovery shall be made from the petitioner, if the recovery has already been not made.
Order Date :- 17.12.2021/saqlain