High Court of Judicature at Allahabad
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Hausala Prasad Verma v. District Magistrate & Others - WRIT - A No. 7073 of 1999  RD-AH 5405 (9 November 2005)
Hon. Vikram Nath, J.
Pursuant to the order of District Magistrate Hamirpur dated 10.11.1998 an order of recovery was passed by the Soil Conservation Officer Hamirpur on 13.11.1998 for recovery of amount of Rs. 1.073 lakhs from the petitioner and three others on account of having used tractors in place of manual physical labour as use of tractor was prohibited in the concerned scheme. The petitioner has filed writ petition challenging these orders on the ground that without giving opportunities or show cause the order of recovery has been passed. In paragraphs 11 & 17 of the petition it has been specifically alleged that no opportunity has been given and the order of recovery has been passed without notice. In counter affidavit in paragraph 5 & 9 which are reply to the paragraphs 11 & 17 it has no where been alleged that opportunity was given, however, what has been alleged that the departmental inquiry could be initiated against the petitioner, after given charge sheet. In the circumstances passing of the recovery order without giving opportunity cannot be sustained. Petitioner has also referred to the order passed by this Court in Writ Petition No. 43162 of 1999 filed by Sri Virendra Singh Sachan who was also covered by the order dated 13.11.1998. The said petition was allowed vide order dated 02.09.2004 on the ground of denial of opportunity.
In view of the facts and circumstances of the case this petition is also allowed. The impugned order dated 10.11.1998, 13.11.1998 and 27.11.1998 passed by the District Magistrate Hamirpur are quashed. However, it would be open to the respondents to pass fresh order after giving due opportunity to the petitioner.
The Writ petition is allowed.
Dt. 09.11.2005/wp 7073-99
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