AI Structured Summary
Not yet generated for this judgment
Judgment
Ms. Vandana Kasrekar, J. - With the consent of parties, the matter is heard finally.
In this writ petition the petitioner who is Sarpanchs of various Gram Panchayats Mehroi of Janpad Panchayat, Manpur District Umaria, have challenged the validity of the orders dated 13.03.2015, 10.02.2015 and 02.02.2015, by which, certain amount is directed to be recovered from him.
When the matter is taken up today for hearing, learned counsel for the petitioner submitted that neither any notice nor any opportunity of hearing was afforded to petitioner before passing the impugned order.
Learned Panel Lawyer for the respondents was unable to point out from the record that any show-cause notice or opportunity of hearing was afforded to petitioner.
I have considered the submissions made by learned counsel for the parties and have perused the record. From perusal of impugned order it is evident that liability to pay the amount has been determined behind the back of the petitioner and he has been asked to deposit the amount. Therefore, I am inclined to accept the submission made on behalf of the petitioner that no opportunity of hearing was afforded to him before passing the impugned order directing recovery of amount.
For the aforementioned reasons, the impugned orders dated 13.03.2015, 10.02.2015 and 02.02.2015 we hereby quashed. Needless to state, the competent authority would be liberty to take action for recovery of the amount in question against the petitioner after affording an opportunity of hearing.
With the aforesaid liberty the writ petition is disposed of.
C.C. as per rules.