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Smt. Shanti v. State Of U.P. Thru' Secy. & Others - WRIT - C No. 68339 of 2005  RD-AH 4949 (26 October 2005)
Civil Misc. Writ Petition No. 68339 of 2005
Smt. Shanti . . . . Vs . . . . .District Magistrate and others.
Hon'ble Yatindra Singh,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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