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AZHAR BEG versus STATE OF U.P. AND OTHERS

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 [2006] RD-AH 6718 (28 March 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Yatindra Singh,J.

Hon'ble  R.K.Rastogi,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.

Dated.28.3.2006

RPP/WP.17009/2006


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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