Court No. - 29
Case :- WRIT - C No. - 24700 of 2020 Petitioner :- Manoj Kumar Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Mahendra Pratap Yadav,Sanjai Kumar Pandey Counsel for Respondent :- A.S.G.I.,Bhupendra Kumar Tripathi,C.S.C.
Hon'ble Pankaj Naqvi,J. Hon'ble Piyush Agrawal,J.
Heard Sri Mahendra Pratap Yadav, learned counsel for the petitioner, Sri Bhupendra Kumar Tripathi, for respondent no.6/ Gaon Sabha and the learned Standing Counsel.
This petition is directed against an order dated 28.9.2020 by the Project Director, DRDA, Sant Kabir Nagar, whereby he has been directed to refund Rs.1.20 lacs within a week under the Pradhan Mantri Yojana Rural, to which he was not found entitled.
Learned counsel for the petitioner submits on the strength of averments made in paragraph-26 of the writ petition that prior to the said order, no notice / opportunity was afforded to him. Learned counsel for the petitioner has also placed reliance on some orders of this Court, wherein its impugned order has been set aside.
Sri Bhupendra Kumar Tripathi, learned counsel for respondent no.6 on instructions submits that he is not in a position to dispute the aforesaid statement.
Admittedly, order dated 28.9.2020 has civil consequences. We have no option, but to set aside the order dated 28.9.2020.
The writ petition is allowed. The order dated 28.9.2020 is set aside leaving it open for the authority concerned to pass a fresh order in accordance with law.
Order Date :- 5.1.2021 N.S.Rathour