Court No. - 32
Case :- WRIT - C No. - 39068 of 2018 Petitioner :- Manoj Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- C.L. Chaudhary Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
By means of the instant petition, the petitioner has sought for issuance of a writ, order or direction in the nature of certiorari quashing the impugned recovery citation/notice dated 12.11.2018 passed by the respondent no.4 under the Revenue Code as well as to direct the respondents to accept the amount in easy instalments from the petitioner.
According to the petitioner, the recovery citation dated 31.10.2018 has been issued to the petitioner mentioning therein that the petitioner has account in Punjab National Bank, Iglas, District Aligarh and inadvertently amount to the tune of Rs. 10.08 lakhs was credited in his account which ought to have been transferred in the account of Zila Panchayat Raj Adhikari, which money was withdrawn by the petitioner. F.I.R., has also been lodged against the petitioner and recovery citation has been issued against the petitioner.
Learned counsel for the petitioner has stated that the petitioner has not committed any fraud or forgery, the money was transferred in his account due to mistake of the bank. The petitioner is a petty labour class and earns his livelihood by doing private job.
Be that as it may, admittedly the amount which was transferred in his account was utilized by the petitioner illegally, therefore, the concerned authority is fully justified in proceeding against the petitioner.
Accordingly, the writ petition is dismissed.
Order Date :- 29.11.2018 S.Ali