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Ramji Singh v. State Of U.P. And Others - WRIT - C No. 39442 of 2006  RD-AH 12308 (26 July 2006)
Civil Misc. Writ Petition No. 39442 of 2006
Ramji Singh Vs. State of U.P. and others.
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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