Udai Singh Pal And Others vs State Of U.P. And Others
2011 Latest Caselaw 2807 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 38970 of 2011
 

 
Petitioner :- Udai Singh Pal And Others
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- S.K.Yadav
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioners are challenging the order dated 28.4.2011 by which the demand has been raised against the petitioners on the ground that the petitioners have misused or misappropriated the funds.

Learned counsel for the petitioners submitted that merely on the complaint of Rakesh Kumar Prajapati and other persons of the village, the impugned order has been passed.

The submission of learned counsel for the petitioner that no opportunity has been given in the enquiry and no  show cause notice has been issued before issuing the enquiry, therefore, the impugned demand is unjustified.

The matter requires consideration.

Learned Standing Counsel is directed to file a counter affidavit within a period of three weeks. Rejoinder affidavit may be filed within one week thereafter.

List in the week commencing 23.8.2011.

Till the next date of listing, the recovery against the petitioners in pursuance of the order dated 28.4.2011 shall remain stayed provided the petitioners furnish the bank guarantee of the amount demanded within a period of one week.

Order Date :- 18.7.2011

OP