Satyapal Singh and Another Vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

Satyapal Singh and Another Vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: (i) petitioners to file a further copy of reply with all relied-upon documents/papers and a certified copy of the order before respondent no. 2/District Magistrate, Shahajahanpur within three weeks; (ii) respondent no. 2 to pass appropriate orders most expeditiously, preferably within four weeks from submission of the reply; (iii) no coercive action against the petitioners for eight weeks or till decision, whichever is earlier.

Issue for consideration

Whether the impugned order dated 03.04.2025 of respondent no. 2/District Magistrate, Shahjahanpur directing recovery of Rs. 35,703/- from each petitioner into the Gram Panchayat Fund of Village Panchayat Chikatiya is liable to be quashed by certiorari, in circumstances where the petitioners' earlier representation remained undecided.

Court's answer

The Court disposed of the petition without deciding the merits, directing the petitioners to file another copy of their reply ventilating all grievances, with all relevant documents and papers relied upon and a certified copy of the order, before respondent no. 2/District Magistrate, Shahajahanpur within three weeks; upon such filing, respondent no. 2 is to pass appropriate orders most expeditiously, preferably within four weeks from the date of submission of the reply.

Ratio / Principle

Interim protection: for a period of eight weeks or till the time a decision is taken, whichever is earlier, no coercive action shall be taken against the petitioners.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 33), Neutral Citation 2025:AHC:110637; WRIT - C No. 19563 of 2025; Hon'ble Prakash Padia, J.; Order Date 10.7.2025. Petitioners (Satyapal Singh and another) sought certiorari against the order dated 03.04.2025 of respondent no. 2/District Magistrate, District Shahjahanpur directing recovery of Rs. 35,703/- from each petitioner for deposit in the Gram Panchayat Fund of Village Panchayat Chikatiya, contending that their representation (Annexure-8) against the recovery order had not been decided and that they were being harassed pursuant to the recovery certificate. Learned Standing Counsel undertook that appropriate orders would be passed if a reply were filed. Without ruling on merits, the Court disposed of the petition: petitioners to file another copy of their reply with all relied-upon documents and a certified copy of the order before respondent no. 2 within three weeks, and respondent no. 2 to pass appropriate orders most expeditiously, preferably within four weeks of submission of the reply; meanwhile, for eight weeks or till decision, whichever is earlier, no coercive action was to be taken against the petitioners. No statute or precedent was cited or discussed.

Neutral Citation No. - 2025:AHC:110637

Court No. - 33

Case :- WRIT - C No. - 19563 of 2025

Petitioner :- Satyapal Singh And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vageesh Pandey Counsel for Respondent :- C.S.C.

Hon'ble Prakash Padia,J.

Heard counsel for the parties and perused the record.

The petitioners have preferred the present petition inter alia with the following prayers:-

"i. TO ISSUE a writ, order or direction in the nature of certiorari, quashing the impugned order dated 03.04.2025 passed by the respondent no. 2/District Magistrate, District Shahjahanpur for recovery of the amount of Rs. 35,703/- from each of the petitioners and deposit in Gram Panchayat Fund of Village Panchayat Chikatiya Shahjanpur."

It is argued that immediately after the petitioner came to know about the impugned recovery order dated 03.04.2025, a representation was submitted by him before Respondent no. 2 namely District Magistrate, District Shahjahanpur, copy of which is appended as Annexure-8 to the writ petition but till date no decision has been taken in the matter. On the other hand respondents are harassing the petitioner pursuant to the aforesaid recovery certificate.

On the other hand, it is argued by learned Standing Counsel that in case, the petitioner will submit a reply before the respondent No.2/District Magistrate, District Shahjahanpur, he will pass appropriate orders in the matter expeditiously.

Heard learned counsel for the parties and perused the record.

In the facts and circumstances of the case, the present petition is disposed of directing the petitioners to file another copy of reply ventilating all their grievances before respondent No.2/District Magistrate, Shahajahanpur, along with all relevant documents and papers on which the petitioners are making reliance and a certified copy of this order within a period of three weeks from today. In case, if it is so within the stipulated period, the respondent No.2 will pass appropriate orders most expeditiously and preferably within a period of four weeks from the date of submission of reply.

For a period of eight weeks or till the time decision has been taken whichever is

earlier no coercive action shall be taken against the petitioners.

Order Date :- 10.7.2025 Swati

Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad