Kamta Yadav & 2 Others vs State Of U.P. & 5 Others
2014 Latest Caselaw 9019 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 
Case :- WRIT - C No. - 62408 of 2014
 
Petitioner :- Kamta Yadav & 2 Others
 
Respondent :- State Of U.P. & 5 Others
 
Counsel for Petitioner :- S.K. Singh Kushwaha
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the petitioners and Sri A. K. Upadhyay, learned Standing Counsel for the respondent nos. 1 to 5.

By means of present writ petition, the petitioners have prayed for following relief:-

"(a) issue a writ, order or direction in the nature of writ of certiorari to quash the recovery citation dated 10.11.2014 (Annexure No.4 to the writ petition), issued by the Tehsildar, Tehsil Ghosi, District Mau.

(b) issue a writ, order or direction in the nature of Mandamus directing the respondent authorities that they not recover the amount of Rs. 19,506/- from the petitioners in pursuance of the recovery citation dated 10.11.2014 issued by the respondent no.5.

(c) Issue any order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstance of the case.

(d) Award the cost of the writ petition in favour of the petitioner."

Learned counsel for the petitioner submits that petitioner no.2, who is elected Pradhan and successful contested three elections and last fifteen years he has undisputed Pradhan and no complaint had ever been lodged against him.

Learned counsel for the petitioners further submits that the respondent no.6 had made certain complaint against the petitioners initially in the year 2011 and against the said complaint a detailed inquiry had been taken place, and after concluding the inquiry, the petitioners were found innocent.

Again the respondent no.6 on the same facts had made complaint against the petitioner with malafide intention, even though he does not command good reputation in society and involved in various criminal cases, and just to destroy the reputations of the petitioners made complaints, therefore, he submits that order impugned can not be sustained. 

Matter requires consideration.

Issue notice to the respondent no.6. Steps may be taken within a week, returnable at an early date.

Meanwhile, the respondent may file counter affidavit within four weeks, rejoinder affidavit if any, may be filed within one week thereafter.

List this matter after five weeks.

Till the next date of listing, the effect and operation of the impugned order dated 10.11.2014, shall remain stayed.

Order Date :- 24.11.2014

VKG