PRADEEP KUMAR DEIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner Sri R. P. Tiwari and Sri B. L. Verma for the opposite party No. 2 and Sri Mukund Tiwari for opposite party No. 1 and 3. Petitioner who is the Village Pradhan assails the order dated 3rd November, 2008 by means of which an amount of Rs. 1,32,000/- is being sought to be recovered from him. Sri B. L. Verma says that the order dated dated 3. 11. 208 is not an order but only a letter written by Zila Basic Shiksha Adhikari to the Zila Panchayat Raj Adhikari requiring him to get the aforesaid money recovered from the Gram Pradhan and, therefore, no cause of action has accrued to the petitioner to approach this Court as no recovery is being made under the aforesaid order. Learned counsel for the petitioner, however, says that since copy of the same order has been sent to the petitioner also and in which the liability has already been determined for recovery of the amount without affording any opportunity to the petitioner. The said order cannot be given effect to. We have considered the aforesaid argument and we find that it is a correspondence between the Zila Basic Shiksha Adhikari and Zila Panchayat Raj Adhikari in which the Zila Basic Shiksha Adhikari has requested the Zila Panchayat Raj Adhikari to recover the amount mentioned therein. Since no opportunity has been afforded to the petitioner either before fixing the liability or for taking any action for recovery and in view of the specific submissions given by the Zila Basic Shiksha Adhikari that this letter/order does not mean initiating a recovery proceedings against the petitioner and that if any such proceedings are to be initiated that shall be taken after affording opportunity of hearing to the petitioner, we, dispose of the petition finally with the consent of the parties' counsel with a direction that before taking any action for recovery of the amount in question, the petitioner shall be afforded due opportunity of hearing by the concerned authority. The petition is disposed of accordingly. .