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Ramji Singh v. State Of U.P. And Others - WRIT - C No. 39442 of 2006 [2006] RD-AH 12308 (26 July 2006)


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  Court No.10

        Civil Misc. Writ Petition No. 39442 of  2006

Ramji Singh   Vs. State of U.P. and  others.


Hon'ble A.K.Yog,J

Hon' ble R.K.Rastogi,J

Heard  the learned counsel for the petitioner  and the learned Standing Counsel.

The petitioner is aggrieved by the impugned order dated 28.6.2006 (Annexure No.3 to the writ petition )  passed  by  the Sub Divisional Magistrate/Administrator, Nagar Panchayat Rewati, district Ballia/ respondent no. 4 to the writ petition, whereby he has rejected  the contention of the petitioner  of not being defaulter  on the ground   that he  was given Theka  after  auction in the year 1996-97 and that he had after depositing Rs.1,20,000/- failed to deposit  balance amount  of Rs.35,600-50.

 The petitioner had specifically prayed  in his aforesaid objections dated 17.3.2006 that some one else impersonated him and he has neither participated  nor signed  any document nor deposited  any money  with respect to  any auction of the year 1996-97. The petitioner further requested for  holding an inquiry in order to discover  the fraud played  in the matter for taking appropriate action  against  such person including employees of the Nagar Panchayat with whose collusion such a fraud  was played. The Administrator of the Nagar Panchayat has directed for recovery of  the aforesaid amount of Rs.35,600-50 apart from rejecting  the objections of the petitioner dated 17.3.2006/Annexure  no. 2 to the writ petition.

After a careful perusal of the record, we find that request of the petitioner contained in his objections dated 17.3.2006 for holding  inquiry has not been specifically dealt with by the Administrator in the impugned order. The Administrator has also not referred  to any specific document/record  or  finding recorded in the inquiry report  allegedly held  in view of  the contentions of the petitioner with regard to impersonation.

The learned counsel for the petitioner submitted that his hand writings  or signatures were also not got tallied/compared with the relevant record in order to arrive at  a correct conclusion regarding impersonation.

Be that as it may, we direct the petitioner to file a fresh and comprehensive representation along with certified copy of this order as well as complete copy of  the Writ Petition with all Annexures before concerned competent authority within   three  weeks from today and on such representation being filed, as stipulated above, the concerned  competent authority shall decide the same   within  twelve  weeks of the receipt of the representation as contemplated  above, exercising its unfettered discretion on the basis of record before him in accordance with relevant Rules, Government Orders, Scheme/Policy without being influenced by any of the observations in this judgment since this court has not entered into merits of the present case. The recovery of Rs.35,600-50 under the impugned order dated 28.6.2006/Annexure no.3 to the writ petition, shall be subject to the decision taken by the Administrator on the representation filed by the petitioner in pursuance  of this order.

Writ Petition is finally disposed of subject to the above directions.

No order as to  costs.




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