Court No. - 27 Case :- MISC. BENCH No. - 3073 of 2009 Petitioner :- Raghunandan Prasad Pandey S/O Luxmi Kant Pandey Respondent :- State Of U.P. Thru Secy. Forest & Others Petitioner Counsel :- D.K. Mishra Respondent Counsel :- C.Sc. Hon'ble Devi Prasad Singh,J.
Hon’ble S.C. Chaurasia,J.
Heard learned counsel for petitioner and learned Standing Counsel.
Writ petition under Article 226 of the Constitution of India has been preferred
against the impugned recovery citation on the ground that auction with regard
to forest produce was held in the year 1988-89 and petitioner was the highest
bidder for three lots of woods of lot nos. 364, 374 & 375. It has been stated by
the petitioner’s counsel that amount in response to bid in question was
deposited by petitioner, but, woods were not delivered. The respondents have
got no right to recover the amount in question.
The controversy involved disputed questions of fact, which cannot be looked
into by this Court. Liberty is given to petitioner to represent his cause before
opposite party no.2 within three weeks from today along with a certified copy
of this order. In case, such representation is made as aforesaid, the opposite
party no.2. shall look into the matter and decide the matter, after affording
opportunity of hearing to the petitioner, expeditiously and preferably within a
period of three months thereafter and communicate the same to the petitioner.
Till the matter is decided, as aforesaid, status quo shall be maintained by
parties as exists today.
Subject to above, the writ petition is disposed of finally.
Order Date :- 4.1.2010
psd