Court No. - 33
Case :- WRIT - C No. - 13243 of 2018 Petitioner :- Bodh Prakash Sharma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Omvir Singh Rajpoot Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the respondents 1 to 4.
The present petition has been filed for a direction upon the respondents 2 and 4 to proceed against the respondent no.5, pursuant to the recovery certificate dated 10.01.2001 issued by the Deputy Labour Commissioner, Meerut, for recovery of the awarded amount of Rs. 89,287/12.
On 12.04.2018, this Court had required the learned Standing Counsel to seek instructions as to whether the award in respect of which recovery proceeding was initiated is still subsisting or not and whether the recovery proceeding or the award has been challenged or not before any court.
Pursuant to the order dated 12.04.2018, the learned Standing Counsel has obtained instructions and has informed the Court that the award dated 14.10.1991 in respect of which recovery proceeding was initiated is subsisting and has not been challenged to the knowledge of the recovery officers. It has been stated that an effort was made to trace out the defaulter-Sanjay Kumar but his whereabouts could not be known. However, there were two plots of land available for realization of the dues. Out of those plots, one plot had been sold by the defaulter prior to issuance of recovery certificate and in so far as the other plot, bearing no. 916, was concerned, the same was put for auction but could not be sold.
From above, it appears that State is already pursuing the recovery, therefore, this Court finds no good reason to issue any specific direction. It is expected that the State-respondents shall bring the recovery proceeding to its logical conclusion, in accordance with law.
The petitioner is given liberty to provide whereabouts of the defaulter to the recovery officials as and when he comes to be aware of it as also details of any property of the defaulter from which recovery could be made.
With the aforesaid observations and liberty, the petition is disposed of. Order Date :- 25.4.2018 Sunil Kr Tiwari