Anil Kumar vs District Magistrate Dehradun & Others
2026 Latest Caselaw 2274 UK

Uttarakhand High Court

Anil Kumar vs District Magistrate Dehradun & Others on 23 March, 2026

Author: Pankaj Purohit

Bench: Pankaj Purohit

              Office Notes, reports, orders or
SL.
      Date    proceedings or directions and                                     COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with Signatures




                                                 WPMS No.607 of 2026
                                                 Anil Kumar                                                  ..........Petitioner
                                                                          Versus

                                                 District Magistrate Dehradun & others                          .....Respondents

                                                 Hon'ble Pankaj Purohit, J.

Mr. Aditya Singh, learned counsel for the petitioner.

2. Mr. Suyash Pant, learned Standing Counsel for the State.

3. This writ petition has been filed by the petitioner challenging the order dated 03.09.2025 (Annexure No. 1 to the writ petition) passed by the District Panchayati Raj Officer (DPRO), whereby recovery of Rs. 3,53,574/- has been directed against the petitioner. The petitioner has further sought quashing of the recovery citation dated 27.02.2026 (Annexure No. 2 to the writ petition) issued by the Tehsildar, Rishikesh, directing the petitioner to deposit Rs. 3,88,931/- (inclusive of recovery expenses).

4. Learned counsel for the petitioner contends, at the outset, that no time was granted to the petitioner to file objections to the show cause notice dated 17.07.2025, and the impugned order has been passed by the Prescribed Authority on the basis of the reply earlier submitted by the petitioner before the District Magistrate during the inquiry proceedings. However, the order reflects otherwise. At page 23 of the writ petition, it is recorded that the show cause notice was issued and served upon the petitioner on 23.07.2025 by post, requiring him to submit his reply/response within fifteen days from the date of receipt of the notice. It is further recorded that no such

reply/response was submitted by the petitioner; therefore, the respondent-Prescribed Authority, i.e., DPRO, proceeded on the basis of the reply earlier submitted by the petitioner before the District Magistrate, Dehradun.

5. Learned counsel for the petitioner submits that the petitioner has a right to defend himself in response to the show cause notice, and the impugned order could not have been passed by relying upon the reply submitted in earlier proceedings.

6. Learned State Counsel prays for and is granted four weeks' time to file a counter affidavit.

7. List this matter on 23.04.2026.

8. In the meantime, it is provided that if the petitioner deposits the amount under the recovery citation before this Court within two weeks from today, no coercive measures shall be taken against the petitioner.

(Pankaj Purohit, J.) 23.03.2026 AK