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Rajesh Kumar Patre vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 26 August 2019 · Citation: (2019) 08 CHH CK 0170

HON’BLE JUDGES
Goutam Bhaduri, J
RESULT
Allowed
CASE NUMBER
Writ Petition (C) No. 1942 Of 2014
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Judgment

6 paragraphs · 188 words

Goutam Bhaduri, J

1.

Heard.

2.

It is contended that the order dated 12.08.2014 (Annexure P-1) & 25.08.2014 (Annexure P-2) for recovery of Rs.1 Lakh has been passed against the petitioner without giving any proper hearing to the petitioner.

3.

Learned counsel for the petitioner submits that in the similar circumstances, the co-ordinate Bench of this Court in WPC No.7124 of 2010 on 10.08.2018 has quashed the order on the ground that no opportunity of hearing is given and the similar order may be passed.

4.

Considering the fact that the issue pertains to 2014 and no reply has been filed by the State and prima facie document shows that no opportunity of hearing was given to the petitioner before such recover was ordered. In these circumstances, the order dated 12.08.2014 (Annexure P-1) & 25.08.2014 (Annexure P-2) are hereby quashed. It is further observed that the respondents shall be free to conduct the enquiry in respect of the petitioner in respect of the subject in issue after giving opportunity of hearing to the petitioner in accordance with law.

5.

With the aforesaid observation, the writ petition stands allowed.