Court No. - 32
Case :- WRIT - C No. - 14710 of 2019
Petitioner :- Ram Dhani And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Sumer Chaudhary Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
This writ petition, inter alia, has been filed for the following reliefs:
"I. Issue a writ, order or direction in the nature of certiorari to quash the notice dated 27.2.2019 as well as notice dated 03.04.2019 issued by respondent no. 5.
II. Issue a writ, order or direction in the nature of Mandamus commanding the concerned respondents to provide the next installment as per scheme."
Heard learned counsel for the petitioners Ramdhani and Suresh, learned Standing Counsel and perused the record.
This writ petition has been preferred by the petitioners Ramdhani and Suresh against the impugned order/notice dated 27.2.2019 and 3.4.2019 directing them to deposit Rs. 40,000/- within a period of three days which was disbursed to them under Pradhan Mantri Avas Yojna as a first instalment.
Learned counsel for the petitioners stated that the recovery notices have been issued against the petitioners on non- existent grounds without giving any opportunity of hearing, in violation of the principles of natural justice, as such cannot be sustained.
Learned Standing Counsel appearing on behalf of the respondents has not disputed the fact that the impugned recovery notices have been issued without affording any opportunity of hearing.
Considering the facts and circumstances of the case and submission of the learned counsel for the petitioners, we hereby quash the impugned notices dated 27.2.2019 and 3.4.2019 issued by Gram Panchayat Adhikari, Gram Panchayat Medinipur, Respondent No. 5 against the Petitioners No. 1 and 2. However, it is open for the respondent authorities to pass afresh, reasoned and speaking order after affording opportunity of hearing to the petitioners No. 1 and 2 in accordance with law.
With this observation, the writ petition stands disposed of.
We make it clear that we have not entered into the merits of the claim being made by the petitioners and the same shall be decided by the authority concerned on its own merits.
Order Date :- 26.4.2019 vinay