SUSHIL DIXIT Vs. STATE OF UP

JUDGEMENT

(1.) THE present writ petition has been filed under Article 226 of the Constitution of India, inter alia, praying for quashing the Recovery Certificate dated January 21, 2008 (Annexure 1 to the writ petition).

(2.) IT is, inter alia, stated in the writ petition that the petitioner is owner of Shivani Restaurant, Orai situated at Gate of Konch Bus Stand, Qrai; and that Rajesh (respondent No. 4) is working in the said Restaurant since July, 2007. It is, inter alia, further stated in the writ petition that the petitioner received the said Recovery Certificate dated January 21, 2008 from the Amin in the month of May, 2008. Copy of the said Recovery Certificate dated January 21, 2008 has been filed as Annexure 1 to the writ petition.

(3.) IT is averted in paragraph 4 of the writ petition that before issuance of the said Recovery Certificate, the petitioner was neither served with any show -cause notice nor was any statement of the respondent No. 4 (Rajesh) or his parents was recorded nor was the petitioner ever required to file any objection before issuance of the said Recovery Certificate.