Virendra Kumar Yadav vs State of U.P. Thru. Prin. Secy. Deptt. of Cooperative U.P. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Virendra Kumar Yadav vs State of U.P. Thru. Prin. Secy. Deptt. of Cooperative U.P. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No final decision taken; interim/procedural directions only — counter affidavit within three weeks, rejoinder affidavit within a week thereafter, fresh listing in the week commencing 14.7.2025, and interim relief application left open to the petitioner pending issuance of the formal recovery order.

Issue for consideration

Whether the impugned recovery order dated 10.12.2024, which quantified the amount of recovery allegedly without cogent reasons, is unwarranted and uncalled for and should be stayed.

Key takeaways

As no recovery had been started pursuant to the impugned order dated 10.12.2024, the court directed the opposite parties to file counter affidavit within three weeks and rejoinder affidavit, if any, within a week thereafter; no immediate stay was granted at this interim stage.¶¶9
The rejoinder affidavit, if any, may be filed within a week after the counter affidavit.¶¶9
The case was ordered to be listed in the week commencing 14.7.2025 as fresh, and the matter is to be taken up after fresh cases.¶¶10

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Detailed headnote1 paragraphs

Writ-A (service) petition — WRIT - A No. - 5679 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Court No. 3), Virendra Kumar Yadav v. State of U.P. (through Principal Secretary, Department of Cooperative, Lucknow) and another; Hon'ble Rajesh Singh Chauhan, J.; Order Date 22.5.2025. Interim order on a fresh petition challenging an impugned recovery order dated 10.12.2024 (Annexure no. 1), contended to quantify recovery without cogent reasons. Court ascertained from both sides that recovery pursuant to the impugned order has not been started; accordingly counter affidavit ordered within three weeks and rejoinder, if any, within a week thereafter; case listed fresh for the week commencing 14.7.2025, to be taken up after fresh cases; petitioner expressly left free to move an interim relief application once the formal order of recovery is issued by the competent authority; vakalatnama of Sri Akhilesh Kumar Srivastava for opposite party no. 2 taken on record and his name to be shown as counsel at next listing. No statutes or precedents cited; no monetary quantum stated; matter unresolved at interim stage.

Court No. - 3

Case :- WRIT - A No. - 5679 of 2025

Petitioner :- Virendra Kumar Yadav

Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Cooperative U.P. Lko. And Another Counsel for Petitioner :- Ram Kumar Singh Counsel for Respondent :- C.S.C.,Akhilesh Kumar Srivastava,Anindya Shastri

Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Manoj Kumar Dixit holding brief of Sri Ram Kumar Singh, learned counsel for the petitioner, Sri Ashutosh Mishra, learned Standing Counsel for opposite party no. 1 and Sri Akhilesh Kumar Srivastava has filed 'Vakalatnama' on behalf of opposite party no. 2, same is taken on record.

By means of this petition the petitioner has challenged the impugned order dated 10.12.2024 (Annexure no. 1). When the query has been put as to whether pursuant to impugned order dated 10.12.2024 recovery has been started, learned counsel for the parties have informed that the recovery has not started.

Learned counsel for the petitioner has stated that the impugned recovery order is absolutely unwarranted and uncalled for wherein the amount of recovery has been qualified without having any cogent reasons to that effect, therefore, the same may be stayed.

Since no recovery has been started w.e.f. 10.12.2024, therefore, the opposite parties may file counter affidavit within a period of three weeks, rejoinder affidavit, if any, may be filed within a week thereafter.

List this case in the week commencing 14.7.2025 as fresh.

This matter may be taken up after fresh cases.

When the case is next listed name of Sri Akhilesh Kumar Srivastava shall be shown as counsel for the opposite party no. 2.

It is open for the petitioner to move an interim relief application, if any, pursuant to the impugned order dated 10.12.2024 the formal order of recovery is issued by the competent authority.

Order Date :- 22.5.2025 Om

Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench