High Court of Judicature at Allahabad
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Azhar Beg v. State Of U.P. And Others - WRIT - C No. 17009 of 2006  RD-AH 6718 (28 March 2006)
Hon'ble Yatindra Singh,J.
The petitioner was granted Theka for collection of Tahbazari for the year 2005-2006. He also deposited half of the amount. Subsequently, according to the petitioner, he could not collect the same as an interim order was granted by this Court on 20.7.2005. The interim order is still continuing. He has filed the present writ petition for a direction to the respondents to return his money.
We have heard counsel for the petitioner, the Standing Counsel and Sri Sarfuddin Ahmad for the respondents.
The counsel for the petitioner submits that there was no fault of the petitioner but he has been stopped from collecting Tahbazari, as such his money should be returned.
The counsel for the Zila Pandhayat submits that the petitioner has worked for some time and as such he is not entitled to refund of the entire money. In any case, the petitioner is entitled to the refund of proportionate amount for the period for which he was not permitted to do his work.
In the circumstances of the case, it will be appropriate that the petitioner may file fresh representation before respondent no. 4. In case the representation is filed, the same may be decided by the said respondent by a reasoned order at an early date, if possible, within three months from the date of receipt of the representation. The petitioner will file a certified copy of this order; necessary documents and a duly stamped self addressed envelope along with the representation. The concerned authority after taking decision will communicate the same to the petitioner.
With these observations the writ petition is disposed of.
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