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Smt. Shanti v. State Of U.P. Thru' Secy. & Others - WRIT - C No. 68339 of 2005 [2005] RD-AH 4949 (26 October 2005)


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Court No.1


                    Civil Misc. Writ Petition No. 68339 of  2005

          Smt. Shanti  . . . . Vs . . .  . .District Magistrate and others.                                                        


Hon'ble  Yatindra Singh,J

Hon'ble  R.K.Rastogi,J

1. This writ petition has been filed  by the petitioner against recovery citation dated 31.8.2005 for recovery of Rs.20.000/- from the petitioner.

2. The counsel  for the petitioner has made statement at the bar that this is the first writ petition against the recovery and this fact has also been stated in the writ petition.

3. The petitioner's husband was given subsidy of Rs.20,000/- under Indira Avas Yojna for construction of  house. Thereafter  the petitioner was again given subsidy of Rs.20,000./- under the same  Scheme. Later on this mistake was discovered  and recovery has been issued against the petitioner for refund of Rs.20,000/-, hence, the present writ petition has been filed.

4. We have heard   counsel for the petitioner, and Standing Counsel for  the respondents.

5. The petitioner husband was already given subsidy under Indira Avas Yojna and as such he was not entitled to receive the subsidy second time. There is no illegality in the order asking the petitioner to refund the amount. However, the petitioner may pay the entire  amount of Rs.20,000/- in instalments. In view of this, it would be appropriate to dispose of this writ petition with following directions:

. The  petitioner may  deposit the entire amount  in twenty   equal monthly instalments. In  calculating the arrears the amount ( if any) already paid  will be adjusted.

. The  first instalment  may be  deposited  before the end of November, 2005 and the subsequent instalments may be deposited  after the  interval of  every month. These deposits may be made  before  respondent no. 2 from  where the amount was taken. In case instalments are deposited  before respondent no. 2 then  the recovery charges  will not be  recovered from the petitioner.

.       During  this period,  the recovery  proceedings will be kept in abeyance. In case the petitioner defaults in depositing  the instalments within the above stipulated time, it will be  open to the respondents  to start recovery  proceedings again.

. The petitioner may file application for the  accounts  alongwith duly stamped  self-addressed  envelope. In case  any such application is filed, the same will be given to the petitioner by respondent no. 2 after deposit  of first instalment.

.     This order  will not  affect  any auction  already held. In that  event the petitioner may take appropriate  legal proceedings to set aside the auction under UPZA & LR Act  and Rules, 1952 or file a suit in accordance with  law.

.      It is clarified that this order will not be operative in case the petitioner has filed any other earlier writ petition against the recovery.

4. With these observations the writ petition is disposed of.




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