Court No. - 21
Case :- WRIT - C No. - 7691 of 2018 Petitioner :- Gyan Singh Respondent :- State Of U.P. Through Principal Secretary, Dept. Of Rural Development And 3 Others Counsel for Petitioner :- Lakshman Singh Counsel for Respondent :- C.S.C.,Krishna Kumar Chand
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
Heard learned counsel for the petitioner.
Learned Standing Counsel appearing for respondents Nos. 1, 2 & 3, and Shri Gaurav Kumar Chand holding brief of Shri K.K. Chand appearing for respondent No. 4 are present.
By this writ petition, the petitioner has prayed for quashing the recovery order dated 10.11.2015, passed by District Magistrate, Jalaun, by which the petitioner has been directed to deposit the balance amount of mid day meal along with the conversion cost. Petitioner's grievance is that the said order has been passed without any opportunity and relates to the period 2005 to 2010.
A perusal of the order does not indicate that the petitioner was given any notice or opportunity before passing the order fastening liability. Petitioner was entitled for an opportunity before passing the impugned order.
In view of the aforesaid, no useful purpose will be served in keeping the writ petition pending and calling a counter affidavit. In view of that, we set aside the order dated 10.11.2015 and direct the District Magistrate, Jalaun at Orai to pass the fresh order after due notice and opportunity of hearing to the petitioner.
With the aforesaid observation/direction, the petition is disposed of.
Order Date :- 27.2.2018 Pravin