OM PRAKASH AGARWAL Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) The present special appeal is directed against the judgment dtd. 7/7/2023, passed by the learned Single Judge, in the writ petition preferred by the appellant, being Writ Petition (M/S) No. 1870 of 2023.

(2.) The first submission of Mr. Singh, learned counsel for the appellant, is that the learned Single Judge has observed in para 8, that the impugned notice dtd. 5/6/2023 may simply be termed as an apprehension of the petitioner, and if action pursuant to the observation made in the impugned order dtd. 5/6/2023 is taken, perhaps, then the petitioner may be well within his rights to defend such actions. Mr. Singh submits that the recommendation contained in the impugned notice dtd. 5/6/2023, is as good as an order against the petitioner / appellant, and the appellant is entitled to assail the same even at the stage of recommendation.

(3.) We cannot agree with Mr. Singh on this aspect. A recommendation is merely a recommendation, and it may, or may not be accepted, or acted upon. Therefore, as observed by the learned Single Judge, the appellant / petitioner would be entitled to raise the challenge to a definite order which may be passed in pursuance of the recommendation, and not before. .