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Kanhaiya Lal v. State Of U.P. And Others - WRIT - C No. 9174 of 2007 [2007] RD-AH 2850 (21 February 2007)


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Court No.21

Civil Misc. Writ Petition No. 9174 of 2007

Kanhaiya Lal          ..... petitioner


State of U.P & others                   ......respondents


Hon'ble Ashok Bhushan,J

Heard counsel for the petitioner and the learned standing counsel. By the consent of the parties, the writ petition is being finally disposed of.  

By this writ petition, the petitioner has prayed for certiorari quashing the recovery certificate dated 24.12.2006 by which Rs.40,000/- is sought to be recovered as compensation under the provisions of the Child Labour (Prohibition & Regulation) Act 1986.

The petitioner's grievance in the writ petition is that no notice was served to the petitioner and without serving any notice and without giving any  opportunity an order has been passed sending recovery certificate to the Collector, Maharajganj. In the order dated 24.12.2006 it  has been mentioned that notice was issued on 7.12.2006 but amount has not yet been deposited.   Specific allegation has been made by the petitioner in paragraph 10 that no notice was issued directing for recovery.  Ends of justice be served in permitting the petitioner to file his reply before the respondent No.4 against the order for recovery of Rs. 40,000/-.  The petitioner may  submit his reply before respondent No. 4 within two weeks.  The respondent No. 4 shall consider and take an appropriate decision on the said reply within two months thereafter.  Till a decision is taken by respondent No. 4 the recovery certificate  dated 24.12.2006 shall be kept in abeyance.  It goes without saying that after taking a decision it will be open for the respondent to proceed in accordance with law.

With the aforesaid direction, the writ petition is disposed of.

Date 21.2.2007



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