Allahabad High Court
Pradeep Tyagi vs State Of U.P. And Others. on 6 July, 2010
Bench: Sheo Kumar Singh, Rajesh Chandra
Court No. - 36 Case :- WRIT - C No. - 38598 of 2010 Petitioner :- Pradeep Tyagi Respondent :- State Of U.P. And Others. Petitioner Counsel :- D.K. Singh,V.K. Singh Respondent Counsel :- C.S.C. Hon'ble Sheo Kumar Singh,J.
Hon'ble Rajesh Chandra,J.
Argument is that Junior High School is running since 1985 and that is duly recognised and the school is also under the list of grant in aid since 1998 and there was some dispute between the college management and Zila Panchayat in the proceedings under the Public Premises Act and that also terminated in petitioner's favour and thus on wrong pretext and without clarifying facts, on just placing reliance on the entry which is apparently partially incorrect, impugned order for refund of the amount which is said to have not been utilised having taken from the Member of Legislative Assembly fund has been given.
On these facts, matter needs to be decided after receipt of counter affidavit.
Notices for all the respondents have been accepted by the learned Standing Counsel.
Counter affidavit may be filed by the next date.
List this matter in the third week of August, 2010.
In view of the aforesaid, it is directed that pursuant to the order passed by the respondent no. 3 dated 11.6.2010 (annexure no. 1 to the writ petition) petitioner will not be compelled to refund any amount.
Order Date :- 6.7.2010 Sachdeva