- (1.) Heard Sri Ashish Kumar Srivastava, learned Counsel for the Petitioner.
(2.) By this writ petition, the Petitioner has prayed for interest on Rs. 10,50,000/ - deposited by him as an auction purchaser of the property of Sri Ghanshyam Das Mishra sold in pursuance to the orders passed by the Collector recovering the amount assessed to be misappropriated as the Chairman of the Town Area Committee, Rajapur, District Banda.
(3.) The removal of Sri Ghanshyam Das Mishra as Chairman of the Town Area Committee was set aside by this Court. After the judgment, the District Magistrate decided to recover the amount. The proceeding of auction was stayed in writ petition No. 7314 of 2003. By judgment and order dated 13.10.2009. we allowed the writ petition with the finding that the principles of natural justice were violated. The District Magistrate has now given opportunity to Sri Ghanshyam Das Mishra before quantifying the loss. A direction was issued to the District Magistrate, making it open to him, to cause an inquiry into the loss caused to the Town Area in accordance with the procedure provided under the U.P. Municipalities Act, 1961, and after giving an opportunity of hearing to him.;