Rameshwar Prasad Rathore v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.5985 of 2016 Rameshwar Prasad Rathore, S/o late Shri Mathura Rathore, aged about 62 years, Assistant Grade-II, Tahsil Office Malkharoda, Revenue & Civil District JanjgirChampa, resident of Purani Basti, Ward No.5, Karsiya, Revenue & Civil District Janjgir-Champa (CG). ---- Petitioner

Versus

1.

State of Chhattisgarh, through the Secretary, Department of Revenue, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (CG).

2.

Collector, Janjgir-Champa, District Janjgir-Champa (CG). 3.

Sub-Divisional Officer (Revenue) Sakti, District JanjgirChampa (CG). 4.

Tahsildar, Sakti, District Janjgir-Champa (CG). 5.

Joint Director, Treasury, Account and Pension, Bilaspur Division, Bilaspur, District Bilaspur (CG).

6.

District Treasury Officer, Janjgir-Champa, District JanjgirChampa (C.G.). 7.

Tahsildar Malkharoda, District Janjgir-Champa (CG). ---- Respondents For Petitioner : Shri Surfaraj Khan, Advocate.

For State : Shri Gary Mukhopadhyay, Dy.Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 02/11/2016 (1) Heard.

(2) Learned counsel appearing for the petitioner would submit that by the impugned order dated 03.10.2016 (Annexure P/1), the

respondent No.4 i.e. Tahsildar, Sakti has directed recovery for a sum of Rs.3,99,254/- from the petitioner without issuing any show-cause notice and without affording any opportunity of hearing to him.

(3) Be that as it may, respondent No.4 i.e. Tahsildar, Sakti is directed to give proper opportunity of hearing to the petitioner against impugned recovery and then pass afresh order within a period of 45 days from the date of receipt of certified copy of this order.

(4) With the aforesaid observation, writ petition stands finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge L