HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 56042 of 2011 Petitioner :- Vijay Kumar Respondent :- State Of U.P. And Others Petitioner Counsel :- Sanotsh Kuamr Srivastava,Smt. Alka Srivastava Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
By the impugned order dated 27.8.2011, a sum of Rs.1,32,377/- is sought to be recovered as the same has been paid in excess.
The contention of the petitioner is that the recovery of the amount is illegal inasmuch as no case of misrepresentation or fraud is made out.
Learned Standing Counsel is directed to file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, the recovery of the excess amount in pursuance of the impugned order dated 27.8.2011, Annexure-11 to the writ petition, shall remain stayed.
Order Date :- 26.9.2011 OP