Anil Kumar Sharma And 7 Ors vs State Of U.P. And 4 Ors
2014 Latest Caselaw 6329 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 48823 of 2014
 

 
Petitioner :- Anil Kumar Sharma And 7 Ors
 
Respondent :- State Of U.P. And 4 Ors
 
Counsel for Petitioner :- Pankaj Gupta,Irshad Ali
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sheo Kumar Singh,J.

Hon'ble Dinesh Maheshwari,J.

Argument is that it is said to be a case of excess payment although petitioner claims to be entitled but without any notice or opportunity the impugned order has been passed by which the recovery of the amount as already paid has been directed.

Submission is that in the similar set of facts this Court has entertained Writ-A No. 42931 of 2014 and stayed the recovery of excess amount paid.

Copy of order dated 20.08.2014 passed in the writ petition referred above was shown to the court during course of argument.

Notice on behalf of the respondents has been accepted by the Chief Standing Counsel. He may file counter affidavit on or before the next date.

List this matter after six weeks.

In view of the above, until further orders of this Court, the recovery in pursuance of the impugned order shall remain stayed.

Order Date :- 11.9.2014

M.A.A.

(Dinesh Maheshwari, J.)   ( S.K. Singh, J.)