Court No. - 3
Case :- WRIT - C No. - 18237 of 2021 Petitioner :- Lotus Private Iti Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Ankit Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the parties.
Learned counsel for the petitioner submits that before issuing the recovery notice dated 22.04.2021 for Rs.1,59,840/-, the petitioner was not issued any show cause notice and was not granted any opportunity to show cause. Also, it is his case that there is no order of determination of the demand and that the recovery notice has been issued mechanically only in view of the prima facie opinion formed by the higher authorities. In that regard, the petitioner appears to have filed a representation dated 15.06.2021 before the District Social Welfare Officer, Mathura (annexed as annexure no.10 to the writ petition).
In view of the above, no useful purpose would be served in keeping the present petition pending or calling for a counter affidavit, at this stage.
Accordingly, the writ petition is disposed of with a direction, upon respondent no.4, to hear and decide the petitioner's representation dated 15.06.2021, as expeditiously as possible, preferably within a period of one month from today, after affording due opportunity of hearing to the petitioner, by a reasoned and speaking order.
For a period of one month from today or till disposal of the said representation filed by the petitioner, whichever is earlier, no coercive measure shall be adopted against the petitioner.
Order Date :- 24.8.2021 S.Chaurasia