Chandra Bhushan Singh vs State of U.P. Thru. Addl. Chief Secy. Panchayatiraj Civil Sectt. Lko. and 4 Others — Allahabad HC (2026) — LawSathi Research

Chandra Bhushan Singh vs State of U.P. Thru. Addl. Chief Secy. Panchayatiraj Civil Sectt. Lko. and 4 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Stay of recovery against the petitioner for four weeks or till the decision of the appeal; respondent no.2 directed to decide the pending appeal on the next fixed date (15.04.2026) or, failing that, within four weeks thereafter.

Issue for consideration

Whether, in view of the proviso to Rule 259 of the U.P. Panchayat Raj Rules, 1947 (under which filing of an appeal stays all proceedings for recovery of surcharge till the appeal is finally decided), recovery proceedings against the petitioner must remain stayed during pendency of his admitted appeal against the order dated 30.12.2025. +1 more

Court's answer

Since the proviso to Rule 259 mandates that once an appeal is filed all proceedings for recovery of surcharge shall remain stayed till the appeal is finally decided, the recovery proceedings against the petitioner shall remain stayed till the decision of the pending appeal; the writ petition need not be kept pending nor a counter affidavit called for.

Ratio / Principle

Respondent no.2, seized of the petitioner's appeal, was directed to decide the appeal on the next date fixed (15.04.2026) and, if it cannot be decided then, in any case within four weeks thereafter.

Key takeaways

For a period of four weeks or till the decision of the appeal, recovery against the petitioner shall remain stayed.ratio¶18

Detailed headnote1 paragraphs

Writ petition disposed of. The petitioner had preferred an appeal under Rule 259 of the U.P. Panchayat Raj Rules, 1947 against an order dated 30.12.2025; the proviso to Rule 259 provides that upon filing of such an appeal all proceedings for recovery of surcharge stand stayed till the appeal is finally decided. The appeal stood admitted with the next date fixed as 15.04.2026, yet State authorities were attempting recovery of the amount under challenge. The Court declined to keep the writ pending or call for a counter affidavit, directed respondent no.2 seized of the appeal to decide it on the next fixed date or, failing that, within four weeks thereafter, and ordered that for four weeks or till the decision of the appeal recovery against the petitioner shall remain stayed.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 3181 of 2026

Chandra Bhushan Singh

.....Petitioner(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Panchayatiraj Civil Sectt. Lko. And 4 Others .....Respondent(s) Counsel for Petitioner(s) : Dinesh Kumar Mishra, Pankaj Mishra Counsel for Respondent(s) : C.S.C.

Court No. - 8

HON'BLE JASPREET SINGH, J.

Heard learned counsel for the petitioner. Notice on behalf of respondent nos.1 to 4 has been accepted by the office of Chief Standing counsel.

The petitioner has approached this Court with limited prayer that he had preferred an appeal under Rule 259 of the U.P. Panchayat Raj Rules, 1947 against the order dated 30.12.2025. It is urged that the said appeal was preferred within time wherein the next date fixed is 15.04.2026.

It is further urged that in terms of the aforesaid Rule 259 more specifically its proviso, which provides that in case, if the appeal has been filed then all proceedings for recovery of surcharge from the person concerned shall remain stayed till the appeal is finally decided.

It in this regard it is urged that despite the appeal having been admitted and the next date as 15.04.2026 has been fixed, yet the State Authorities are attempting to recover the amount which is under challenge in the appeal.

Considering the aforesaid submissions and also noticing the fact that the appeal is already pending on 15.04.2026, this Court does not deem appropriate to keep the writ petition pending or call for a counter affidavit from the State as in light of the provision it is clear that till the decision of the appeal, the recovery proceedings shall remain stayed.

In the aforesaid facts and circumstances of the case, this Court is of the view that ends of justice can be made by directing the respondent no.2 who is seized of the appeal preferred by the petitioner to decide on the next date

WRIC No. 3181 of 2026

2

fixed. In case, if the same cannot be decided then in any case within four weeks thereafter.

For a period of four weeks or till the decision of the appeal, the recovery against the petitioner shall remain stayed.

With the aforesaid, the petition is disposed of.

April 7, 2026 Harshita

(Jaspreet Singh,J.)

Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench