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Mahendra Singh v. State Of U.P. And Others - WRIT - C No. 33057 of 2001 [2007] RD-AH 8788 (9 May 2007)


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Hon'ble R.P.Misra, J

Hon'ble Shishir Kumar, J.

Heard Sri Shailendra, learned counsel for the petitioner and Sri Chandra Shekhar Singh, learned Standing Counsel for the respondents.

The petitioner who was Chairman of Nagar Panchayat Lakhna, district Etawah,  has challenged the order dated 21.9.01 (Annexure 4 to the writ petition) whereby an amount of Rs. 5,39,389/- is sought  to be recovered from him on the ground that the said amount has been spent on the salary of certain employees who were illegally appointed by the petitioner.

Learned counsel for the petitioner submitted that the said amount is sought to be recovered as arrears of land revenue whereas the provisions of U.P. Municipal Board Surcharge Rules, 1948 have   already been declared as ultravires.

Learned counsel for the petitioner further submitted that neither notice nor opportunity was afforded to the petitioner before initiating the proceedings for recovery of aforesaid amount from him as arrears of land revenue.  There is no denial of this fact in the counter affidavit filed on behalf of the  respondents.

Having heard learned counsel for the parties this Court is of the considered opinion that as the aforesaid amount is sought to be recovered without affording adequate opportunity of being heard to the petitioner, matter deserves to be remanded  consequently the writ petition is allowed, impugned order dated 21.9.01 is set aside and the matter is remanded to the respondent no. 1, the Secretary, Local Self Government Anubhag-1, Lucknow for decision afresh after affording opportunity of being heard to the petitioner .

The parties shall bear their own costs.                                                                                                                




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