SL.

No

Date

Office Notes,

reports, orders

or proceedings

or directions

and Registrar’s

order with

Signatures

COURT’S OR JUDGES’S ORDERS

WPMS Nos. 2132, 2615, 2617 and 2618 of 2022

Shri Sanjaya Kumar Mishra, J.

Shri Digvijay Singh Bisht, learned counsel for

the petitioner.

Shri G.S. Negi, learned Standing Counsel for

the State.

Petitioner has filed a batch of writ petitions

praying for the same relief, therefore, with the

consent of learned counsel for the parties, all the

writ petitions are heard together and disposed of

by this common order.

Petitioner has prayed for issuance of a writ of

Certiorari for quashing the recovery citation dated

07.04.2022, 06.08.2021, 03.09.2022 and 06.08.2021, so

far as it relates to recovery charges to the tune of

10% of the recoverable amount.

This issue is no more res integra in view of

the fact that the Full Bench of the Allahabad High

Court in the case of Mahrajwa and others Vs. State

of U.P. and others, 2013 SCC Online All 14291, has

held that if the State Authorities have not recovered

any amount of the citation through coercive

process, then they would not be entitled to

recovery charges. Similar view is taken by the

Division Bench of the Allahabad High Court in

Writ Petition – C No. 73121 of 2010 decided on

05.05.2014.

In that view of the matter, the State cannot

recover the 10% recovery charges from the

petitioner. Moreover, the State Government has not

filed any counter affidavit in this case, so the

assertions made by the petitioner are taken to be

admitted in view of the doctrine of non traversal.

In view of the above, all the writ petitions are

allowed. Order of recovery so far as it relates to

10% of the recovery charges is concerned, is hereby

quashed. There shall be no order as to costs.

(Sanjaya Kumar Mishra, J.)

22.12.2022

(Grant urgent certified copy of this order, as per Rules)

SKS