Court No. - 21 Case :- WRIT - C No. - 43652 of 2010 Petitioner :- Smt. Devraji Respondent :- State Of U.P. Thru Panchayat Raj Lko. And Others Petitioner Counsel :- Laxmi Narayan Mishra Respondent Counsel :- C.S.C.,Raj Kamal Hon'ble V.K. Shukla,J.
Learned Standing counsel has accepted notice on behalf of respondents no. 1
to 4. Sri Raj Kamal, advocate has entered appearance on behalf of respondent
no. 5. By the next fixed counter affidavit be filed by respondents.
It has been contented on behalf of petitioner that in the present case a show
cause notice was issued to the petitioner and to the said show cause notice
detailed elaborate reply was given and it was also mentioned therein that
payment in question has been made and valuation of the same also be got
done from the technical expert as in the said pond in question stairs, ramp,
outlet, inlet etc. has also been constructed. Petitioner submits that such aspect
of the matter has been totally ignored. It has also been sought to be specific
mention was made that amount in question has been extended to beneficiaries
and they themselves have misappropriated the amount and the said reply has
not been considered.
In pith and substance petitioner states that principle of natural justice has been
violated.
Primafacie arguments advanced requires consideration of this Court.
Issue which has been sought to be raised has already been referred to Larger
Bench in Civil Misc. Writ Petition No. 60951 of 2009 (Madho Lal (Pradhan)
Vs. State of U.P. and others) and Civil Misc. Writ Petition No. 49305 of 2009
(Het Kishan Vs. State of U.P. and others).
Aforesaid orders have been affirmed by Division Bench comprising Hon’ble
Acting Chief Justice & Hon’ble A.P.Sahi in Special Appeal No. 528 of 2010
(Smt. Sabir Vs. State of U.P. and others) decided on 28.04.2010.
Consequently, connect this writ petition alongwith the record of aforesaid writ
petitions.
Interim order which has been passed therein on the same term and condition,
shall be extended to the petitioner also.
Order Date :- 28.7.2010
Dhruv