This is a single paragraph interim order granting a stay on recovery proceedings and inviting counter-affidavits. The High Court did not decide the merits.
Stay on further recovery until further orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 18
Case :- WRIT - A No. - 8744 of 2024
Petitioner :- Ramesh Chandra
Respondent :- State Of U.P. Thru. Prin. Secy. Transport Deptt. Lko. And 4 Others Counsel for Petitioner :- Raj Kumar Singh,Pooja Kumari Counsel for Respondent :- C.S.C.,Ratnesh Chandra
Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner, learned State Counsel for opposite party No.1 and Mr. Praful Vashishth Advocate holding brief on behalf of Mr. Ratnesh Chandra learned counsel for opposite parties 2 to 5.
It has been submitted that a perusal of impugned order will make it evident that by means of order dated 12th September, 2021, order of recovery was issued against petitioner whereafter a show cause notice was issued on 13th October, 2021 whereafter the impugned order dated 18th September, 2024 has been passed pertaining to effecting of recovery against petitioner. It is submitted that the aforesaid fact makes it amply clear that the impugned order has been passed in a punitive nature without affording any opportunity of hearing to petitioner.
Prima facie submissions advanced by learned counsel for petitioner have force and require consideration for which opposite parties are granted four weeks time to file counter affidavit.
List in the week commencing 4th November, 2024.
Until further orders of this Court, further recovery from petitioner in pursuance of impugned order dated 18th September, 2024 shall remain stayed.
Order Date :- 30.9.2024 prabhat
Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the impugned recovery order passed without an opportunity of hearing is valid.
Ramesh Chandra
State Of U.P.
Manish Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
