JANARDAN YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Considering the pure legal submission advanced by learned counsel for the petitioner, learned Standing Counsel stated that he does not propose to file any counter affidavit but would make oral submissions and the writ petition may be disposed of finally at this stage under the Rules of this Court, hence I proceed accordingly. The Writ petition is directed against the impugned recovery whereby certain amount is sought to be recovered from petitioners alleging that they has been paid the aforesaid amount in excess to what actually they were entitled and payable.

(2.) The case of petitioners is that they have not been paid any amount as alleged in excess inasmuch whatever was actually due and payable, has been paid and, therefore, entire recovery is wholly illegal and without any authority of law. It is stressed that the impugned recovery has been initiated without issuing any show cause notice or giving opportunity to petitioner and, therefore, it is in utter violation of principles of natural justice. Learned counsel for petitioner further urged that had the petitioners been afforded opportunity, they would show to the authorities concerned itself, that, there is no error as alleged, and, no amount has been wrongly or excessively paid, and, therefore, no recovery is permissible or desirable. It is lastly contended that in any case, the amount received by petitioners, allegedly in excess, cannot be recovered since there is no element of fraud or misrepresentation on their part and, therefore, in view of various authorities of this Court and the Apex Court, no recovery can be given effect.

(3.) In substance, there are two submissions, which have to be considered by this Court: