Ramesh Chandra And 6 Ors vs State Of U.P. And 2 Ors
2014 Latest Caselaw 7238 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 
Case :- WRIT - A No. - 53046 of 2014
 
Petitioner :- Ramesh Chandra And 6 Ors
 
Respondent :- State Of U.P. And 2 Ors
 
Counsel for Petitioner :- Ramesh Chandra Tiwari
 
Counsel for Respondent :- C.S.C.
 
Hon'ble Rajan Roy,J. 

Connect and list alongwith Writ-A No. 44928 of 2014; Krishna Nand Rai Vs. State of UP and others.

Heard learned counsel for the petitioner and learned standing counsel for the respondents.

By means of this writ petition, the petitioner has challenged the orders dated 7.8.2014 and 13.8.2014 passed by Superintendent of Police, Amroha/JP Nagar as well as Addl. Superintendent of Police, Amroha, JP Nagar, whereby the recovery of Rs. 35,000/- is directed to be made against the petitioner.

The submission is that on account of an incident which is said to have occurred on 4.12.2011, a compensation of Rs. 300,000/- has been paid to the family of the deceased Mahipal by the Government. The compensation which has been paid to the family of the deceased Mahipal is proportionately sought to be realized from the petitioner and other persons, who have been prima facie found guilty in the aforesaid incident. The submission is that  without any opportunity of hearing or notice, recovery could not be initiated by concerned Superintendent of Police. The petitioner has not been held guilty so far. The respondent no. 3 has gone beyond jurisdiction in passing the order of recovery.

The matter requires consideration.

Learned standing counsel prays for and is granted two weeks time to file counter affidavit. One week thereafter to file rejoinder affidavit.

List on 28.10.2014 before the appropriate Bench.

Till the next date of listing, the effect and operation of the impugned order dated  7.8.2014 and passed by the Superintendent of Police, Amroha/JP Nagar shall remain stayed.

Order Date :- 26.9.2014

SKS