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Allahabad High Court

Jasoda Devi vs State Of U.P. And 4 Others on 17 August, 2023

Author: Manju Rani Chauhan

Bench: Manju Rani Chauhan





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:165661
 
Court No. - 6
 

 
Case :- WRIT - C No. - 16449 of 2023
 

 
Petitioner :- Jasoda Devi
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Geetam Singh
 
Counsel for Respondent :- C.S.C.,Arjun Prasad Yadav,Suresh Kumar
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.
 

List revised. No one has appeared on behalf of the petitioner to press this case whereas Ms. Anuradha Sundaram, learned Additional Chief Standing Counsel for the State-respondents is present.

This writ petition has been filed by the petitioner with a prayer to quash the impugned recovery certificate dated 01.02.2021 for recovery of Rs.2,81,618/- alongwith interest as well as collection charge from the petitioner.

Learned Standing Counsel, on the basis of instructions, submits that the procedure as required has been followed while issuing the impugned recovery certificate. Even otherwise, he submits that against the impugned order, a statutory appeal under Rule 258 (2) of UP Panchayat Raj Rules, 1947 is provided.

Learned Standing Counsel has also placed the order of the Co-ordinate Bench of this Court passed Writ-C No.13604 of 2023 (Brajesh Kumar vs. State of U.P. and 3 Others) wherein recovery citation dated 31.05.2022 issued against Brajesh Kumar, was challenged. In the aforesaid writ petition, the Division Bench of this Court finding no illegality in the recovery citation has dismissed the writ petition vide order dated 24.04.2023.

From perusal of the records, there is clear embezzlement and irregularity in distribution of Mid Day Meal under the relevant scheme, therefore, no interference is required.

Accordingly, the writ petition is dismissed.

Order Date :- 17.8.2023 Arti