Hriday Lal v. State of U.P. and 2 Others

Court No. - 6 Case :- WRIT - C No. - 35871 of 2023 Petitioner :- Hriday Lal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gunjan Sharma,Namit Kumar Sharma Counsel for Respondent :- C.S.C Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Namit Kumar Sharma, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. This writ petition has been filed by the petitioner with a prayer to quash the order dated 12.09.2023 passed by the respondent no.2 with its all consequential effects whatsoever throughout. Learned counsel for the petitioner submits that he has challenged the recovery order dated 12.09.2023 issued by the District Magistrate, Basti, under section 27 of U.P. Panchayat Raj Act on the ground that the inquiry was not conduced by Chief Audit Officer as required under law. Therefore, the order impugned is bad in the eye of law. In support of his contention, he has relied upon the judgment of the Co-ordinate Bench of this Court in the case of Smt. Pinki Devi vs. State of U.P. and 3 Ors. decided on

12.04.2023 passed in Writ-A No.5335 of 2023. Learned Standing Counsel does not dispute the aforesaid. The aforesaid issue has already been settled by Division Bench of this Court in the case of 'Dinesh Kumar and others vs. State of U.P. and others' reported in 2023 (1) ADJ 81. This Court has also decided the aforesaid issue in the case of Nageena Singh vs. State Of U.P. And 2 Others decided on 12.10.2023 passed in Writ-C No. - 34147 of 2023. Thus, in view of the order passed in the case of Dinesh Kumar (supra), the impugned order dated 12.09.2023 passed by District Magistrate, Basti is set aside. It shall be open to the authorities concerned to proceed, in accordance with law, after getting a proper inquiry conducted as required under the relevant provisions and also keeping in mind the observations made by the Court in the case of Dinesh Kumar (supra). With the aforesaid observations/directions, the writ petition stands allowed. Order Date :- 9.11.2023/Jitendra/- High Court of Judicature at Allahabad