Court No. - 58
Case :- WRIT - A No. - 20937 of 2019 Petitioner :- Shyam Narayan Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Beerendra Singh Pal,Manoj Kumar Keshari Counsel for Respondent :- C.S.C.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Manoj Kumar Keshari, learned counsel for the petitioner and Sri Mata Prasad, learned Standing Counsel appearing for the State-respondents.
The present petition has been filed seeking to challenge the order dated 29.11.2019 in terms of which a direction has been issued for making recovery of certain amounts which are stated to have been paid in excess of the amount which was due to the petitioner.
The aforesaid order has been passed after issuance of a notice dated 15.11.2019 to which the petitioner apparently did not submit any response.
Counsel for the petitioner at this stage submits that he does not wish to press the reliefs as prayed for in the present petition and makes a prayer that one fresh opportunity may be granted to submit a reply to the notice dated 15.11.2019.
Learned Standing Counsel appearing for the State-respondents does not dispute the aforesaid prayer made by the counsel for the petitioner and states that in case the petitioner submits his reply to the notice dated 15.11.2019, the same would be considered and appropriate orders would be passed thereon.
Having regard to the facts of the case the petition is disposed of with liberty to the petitioner to furnish his reply to the notice dated 15.11.2019 within a period of ten days from today. In case such a reply is furnished the authority concerned would consider the claim of the petitioner and pass appropriate orders within a period of four weeks thereafter. It would be open to the petitioner to make a request before the authority concerned not to proceed with the recovery in the meanwhile.
Order Date :- 19.12.2019 Shahroz (Dr. Y.K. Srivastava,J.)