Allahabad High Court
WRIC/12138/2025 of PRABHAKAR SINGH AND 2 OTHERS Vs STATE OF U.P. THRU. PRIN. SECY. DEPTT. REVENUE AND 3 OTHERS on 17 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 12138 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ashutosh Dhar Dubey, learned counsel for the petitioners, Shri Pradeep Kumar Pandey, learned Standing Counsel appearing for the State and Shri Mohan Singh, learned counsel for
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 12138 of 2025
Court No. - 17
HON'BLE SUBHASH VIDYARTHI, J.
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1. Heard Shri Ashutosh Dhar Dubey, learned counsel for the petitioners, Shri Pradeep Kumar Pandey, learned Standing Counsel appearing for the State and Shri Mohan Singh, learned counsel for the respondent no.4.
2. By means of the present writ petition, the petitioners have challenged the validity of the order dated 02.08.2025 passed by the Block Development Officer, Bhiti, Ambedkar Nagar directing the recovery of Rs.94,699/- from each the three petitioners alleging that the petitioners who are Gram Pradhan, Gram Panchayat Sachiv and Technical Assistant gave benefit of MNREGA scheme to persons who are not residents of the village concerned.
3. Although, the learned counsel for the respondents have received written instructions. As this Court does not propose to go into the correctness of the allegations, the learned Counsel for the opposite parties agreed to advance oral submissions on the basis of instructions received by them. Therefore, the writ petition is being decided without calling for a counter affidavit.
4. The learned counsel for the petitioners submits that no liberty of hearing was granted to any of the petitioners before passing of the aforesaid order.
5. The learned Standing Counsel, on the basis of instructions received, Versus Counsel for Petitioner(s) : Ashutosh Dhar Dubey, Roshani Pandey Counsel for Respondent(s) : C.S.C., Mohan Singh Prabhakar Singh And 2 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Revenue And 3 Others .....Respondent(s)
could not dispute the fact that prior to the passing of the impugned order, liberty of hearing was not given to any of the petitioners.
6. In such circumstances, the impugned order has been passed in violation of principles of natural justice and the same is not sustainable in law and is liable to be quashed.
7. Accordingly, the present writ petition is allowed setting aside the impugned order dated 02.08.2025 passed by the Block Development Officer, Bhiti, Ambedkar Nagar.
8. The Block Development Officer, Bhiti, Ambedkar Nagar will have the liberty to pass fresh order in accordance with law, after giving reasonable opportunity of hearing to all the affected persons. December 17, 2025 V. Sinha WRIC No. 12138 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench