Sukhdev Singh vs State Of Uttarakhand And Others
2023 Latest Caselaw 2298 UK

     HIGH COURT OF UTTARAKHAND AT NAINITAL

            Writ Petition (M/S) No. 1971 of 2016
Sukhdev Singh                                          ..Petitioner

                                 Versus

State of Uttarakhand and others                      ..Respondents
Present:-
            Mr. T.P.S. Takuli, Advocate for the petitioner.
            Mr. Yogesh Pandey, Additional C.S.C. for the State.

                                JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of instant petition, the petitioner seeks

the following reliefs:-

"(i) Issue a writ, order or direction in the nature

of Certiorari quashing the impugned recovery

citation dated 24.06.2016 issued by

respondent no.3 against the petitioner

(Annexure no.1 to this writ petition).

(ii) Issue a writ, order or direction in the nature

of mandamus directing the respondent no. 3

not to take any coercive action (arresting and

attachment of property of the petitioner)

against the petitioner.

(iii) Pass such further orders or directions which

are just and proper in the facts of the case."

2. Heard learned counsel for the parties and perused

the record.

3. Learned counsel for the petitioner would submit

that the impugned recovery citation has been issued

pursuant to orders dated 23.11.2015 passed by the District

Magistrate, Udham Singh Nagar. He would also submit that

the orders dated 23.11.2015 was challenged in Writ Petition

(M/S) No. 1697 of 2016, Gurbhajan Singh and another Vs.

State of Uttarakhand and others, however, during the

pendency of the said writ petition, the impugned recovery

citation has been issued.

4. The Writ Petition (M/S) No. 1697 of 2016,

Gurbhajan Singh and another Vs. State of Uttarakhand and

others has been allowed by this Court today itself and

orders dated 23.11.2015 passed by the District Magistrate,

Udham Singh Nagar has been quashed. Since, the order on

the basis of which, the impugned recovery citation has been

passed has already been quashed, the recovery citation also

deserves to be quashed.

5. Accordingly, the writ petition is allowed.

6. The recovery citation dated 24.06.2016 is hereby

quashed.

(Ravindra Maithani, J.) 17.08.2023 Jitendra