High Court of Judicature at Allahabad
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Jagdish Chandra Awasthi v. State Of U.P. Thru' Its Secretary Cooperative And Others - WRIT - A No. 23155 of 2007  RD-AH 9425 (17 May 2007)
Hon'ble Ashok Bhushan, J.
Sri S. N. Singh has put in appearance on behalf of the respondents No.2,3 and 4. Learned standing counsel appears for respondent no. 1.
Learned counsel for the petitioner submits that this Court vide earlier order dated 5.4.2006 set aside the earlier recovery order and remitted the matter for passing fresh order after taking into consideration the reply to show cause notice. The petitioner thereafter submitted detailed reply. copy of which has been filed as Annexure-13 to the writ petition. It is contended that the petitioner was given hearing and although his submissions are noted, copy of which has been annexed as Annexure-15 to the writ petition, but there is no consideration of the issues raised while passing the order dated 2.2.2007 directing for recovery of Rs.4,90,311.06. Considering the submissions of the petitioner and after perusal of the order dated 2.2.2007 it appear that the issues raised have not been adverted to or decided. The petitioner has made out a prima facie case for grant of interim relief.
Sri S. N. Singh, learned counsel for the respondent submitted that the contention of the counsel for the petitioner were considered and he has referred to page 58 of the order. From a reading of page 58 makes it clear that the respondents have held that according to scheme the petitioner was liable to deposit the amount as mentioned therein. At page 61 of the writ petition the petitioner has given explanation giving specific reasons for not recovering the said amount as 1 (Ka) (Kha) and 2 (Ka). The said reasons have not been adverted to. Therefore, the submission of Sri S. N. Singh that the reply was considered prima facie cannot be accepted.
Let a counter affidavit be filed within one week. Rejoinder affidavit may be filed within one week thereafter. List the writ petition for admission on 2.7.2007. The impugned order dated 2.2.2007 shall remain stayed till the next date of listing.
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