BRAMDEV DUBE Vs. STATE OF U P AND 3 OTHERS
LAWS(ALL)-2018-1-605
HIGH COURT OF ALLAHABAD
Decided on January 31,2018

Bramdev Dube Appellant
VERSUS
State Of U P And 3 Others Respondents

JUDGEMENT

- (1.) This petition seeks the quashing of the notice dated 28 October 2017 by which an amount of Rs. 77,710.64.00 which the respondents believe was paid in excess to the petitioner under the order passed under Section 28-A of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). The said notice refers to a report submitted by the Additional Commissioner( Finance).
(2.) It is submitted by Sri Ashutosh Mishra, learned counsel for the petitioner that in the absence of any opportunity to the petitioner to submit an explanation, the order is bad in law and deserves to be set aside. It is also his submission that in any view of the matter, the amount was correctly determined and no amount could have been directed to be refunded.
(3.) Learned Standing Counsel appears for the respondents. It may not be necessary to call for a counter affidavit in this case as the notice impugned does not indicate that any opportunity was granted to the petitioner before passing the notice.;


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