Sunita Devi vs State Of H.P. & Others

L. Narayana Swamy, CJ

This petition has been filed with a prayer to quash and set aside recovery order dated 18.06.2018 (Annexure P-1) whereby recovery to the tune of

Rs.10,5293 has been sought from the petitioner.

It has been submitted by the learned counsel for the petitioner that the recovery order issued in the year 2018 has not been implemented till date. It

is well settled proposition of law that there cannot be any recovery without their being any notice to this effect and opportunity of being heard. Since

the impugned recovery order has not been implemented and no recovery has been effected from the petitioner, there cannot be any further recovery

from the petitioner.

Under these circumstances, we direct that the impugned recovered order dated 18.6.2018, may be treated as recovery notice and petitioner is

directed to file the reply to the same, within a period of four weeks from today and on receipt of the reply to the said notice, the respondents are

directed to pass appropriate orders. It is made clear that in case, the petitioner still feels aggrieved, she shall be at liberty to approach the Court. Till

the decision on the reply to the recovery notice is taken, there shall be stay of recovery order dated 18.6.2018.

With these observations, the petition stands disposed of along with pending applications, if any.